The following excerpt is from Cadbury Schweppes Inc. v. FBI Foods Ltd., [1999] 1 SCR 142, 1999 CanLII 705 (SCC):
43 Whether the cause of action is described as sui generis or equitable does not change its preoccupation with the violation of a confidence. It is nevertheless true that the nature of the information may influence the appropriate remedy. The respondents rely on the much-quoted (and often criticized) analogy drawn by Lord Denning M.R. in Seager v. Copydex Ltd. (No. 2), supra, in which he analogized compensation for breach of confidence to damages for conversion of property, at p. 719: Now a question has arisen as to the principles on which the damages are to be assessed. They are to be assessed, as we said, at the value of the information which the defendant company took. If I may use an analogy, it is like damages for conversion. Damages for conversion are the value of the goods. Once the damages are paid, the goods become the property of the defendant. A satisfied judgment in trover transfers the property in the goods. So, here, once the damages are assessed and paid, the confidential information belongs to the defendant company.
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