justify the award of disgorgement damages ( i.e., a measure of
damages is based upon the tortfeasor’s gain as opposed to the
plaintiff’s loss), which are an alternative to compensatory
damages: United Australia Ltd. v. Barclays Bank Ltd., 
A.C. 1 (U.K.H.L.); Broome v. Cassell & Co.,  2 W.L.R. 645
(U.K.H.L.), at pp. 675-76, per Lord Hailsham; and pp. 723-24,
per Lord Diplock; and Pro-Sys Consultants Ltd. v. Microsoft
Corp.,  3 S.C.R. 477,  S.C.J. No. 57, 2013 SCC 57,
at para. 93.
(b) Measure of damages for conversion
 Conversion is a strict liability tort. If established, a tortfeasor will be forced to purchase the converted asset from the
plaintiff. The general measure of damages is the market value of
the converted asset as of the date of conversion: Asamera Oil
Corp. v. Sea Oil & General Corp.,  1 S.C.R. 633, 
S.C.J. No. 106, at p. 652 S.C.R.
 Conversion is distinct from its companion tort —
detinue. Whereas conversion is a single wrongful assertion of
dominion over personal property, detinue is the continuous
wrongful detention of personal property: General and Finance
Facilities Ltd. v. Cooks Cars (Romford) Ltd.,  1 W.L.R.
644 (E.W.C.A.), at p. 648; Simpson, at p. 711 D.L.R.; Boma
Manufacturing Ltd. v. Canadian Imperial Bank of Commerce,
 3 S.C.R. 727,  S.C.J. No. 111, at paras. 31-32;
and Musson v. Memorial University of Newfoundland, 
O.J. No. 668, 2002 CarswellOnt 629 (S.C.J.), at para. 85, affd
2002 CarswellOnt 3336 (C.A.). The general remedy in detinue
is the return of the asset (or damages for its market value as
of the end of trial) plus damages representing the “rental”
of the asset by the tortfeasor during the detention: Asamera, at
p. 652 S.C.R.
 Nevertheless, the general measure of damages for intentional proprietary torts, such as conversion, may be substituted
in certain circumstances. One such circumstance is known as
“waiver of tort”. Waiver of tort allows a plaintiff to claim disgorgement damages based on the tortfeasor’s gain or benefit,
instead of compensatory damages based on the loss suffered.
However, a plaintiff cannot claim both compensatory damages
as well as disgorgement damages since that would result in
overcompensation. A plaintiff must elect either compensatory
or disgorgement damages: United Australia, at pp. 29-30 A.C.;
and Pro-Sys, at para. 93.