There was no evidence to suggest the respondent intended
to continue operating a driving range business elsewhere or that
the converted assets appreciated in value. As such, there was
no basis to award additional compensatory damages for consequential lost chance of profits. The respondent’s loss of the time
value of money due to the conversion is satisfied by an award of
 The “exemplary” damages award in this case results in
double recovery for the respondent because the appellant has
already “purchased” the converted assets at their market price.
They became the appellant’s assets. Absent an exceptional circumstance as referenced above, any benefit that the appellant
might obtain from the converted assets after they were purchased rightly accrues to the appellant.
 The respondent was fully compensated by the damages
award of $188,033.17 for conversion of the trade fixtures and
chattels. The respondent is not entitled to additional “
exemplary” damages reflecting the purported benefits obtained by the
appellant after the date of conversion in this case.
 I would allow the appeal in part and would set aside the
award of the additional $80,000 described as “exemplary” damages. I would dismiss all the other grounds of appeal.
 Counsel for both parties agreed that partial indemnity
costs of the appeal were approximately $30,000 at the hearing.
In light of the appellant’s partial success, I would fix costs
of the appeal in the appellant’s favour at $10,000. I would
not disturb the trial judge’s costs award for the proceedings
Appeal allowed in part.