Westwood Shipping Lines Inc. v. Geo International Inc.
T-359-98
Rothstein J.
24/6/98
9 pp.
Motion for summary judgment against defendant Geo International Inc. on basis Geo converted goods to which plaintiff had lawful right of possession-Plaintiff carrier from China to Canada of three containers of hiker shoes-Bills of lading covering shipment delivered to shipper, Yancheng Eagle Shoes Co. Ltd.-In November 1997, defendant contacted plaintiff to seek delivery of goods-In order to obtain goods, Geo had to pay freight, terminal charges and surrender original endorsed ocean bills of lading for goods shipped-Freight charges paid to plaintiff-Plaintiff providing Geo with "pick up" numbers which enabled it to take possession of goods-Original endorsed bills of lading never surrendered to plaintiff-Counsel for plaintiff demanding either original bills of lading or return of goods-Goods never returned-In February 1998, Geo sold approximately 90% of goods-Enjoined from disposing of balance of goods-Conversion established when goods dealt with in manner inconsistent with right of person entitled to them-Conclusive proof Geo took goods as its own, used them as its own-Conversion established-Geo's estoppel argument not persuasive-Release of goods by plaintiff not sufficient to create estoppel-Geo not basing defence on estoppel but on promissory estoppel-Plaintiff not estopped from seeking return of, compensation for, converted goods-Proof of conversion not depending on fraudulent misrepresentation-90% of goods sold by Geo-Unsold balance to be returned to plaintiff within seven days of date of judgment-Geo shall pay into Court 90% of invoice amount within seven days of date of judgment.