Commercial Life Assurance Co. v. Drever

Commercial Life Assurance Co. v. Drever

Respondent acted and accepted employment while unlicensed in breach of the statute; a contract founded on such prohibited conduct is illegal and unenforceable (ex turpi causa); the licence issued later was not retroactive, so no right to commission or quantum meruit arises; appeal allowed and action dismissed.

Citation
[1948] SCR 306
Parties
Appellant / Defendant: Commercial Life Assurance Company of Canada; Respondent / Plaintiff: Randolph H. Drever
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 February 1948
Procedural Posture
Contract Appeal Concerning Licensing and Entitlement to Commission / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta
Outcome
Appeal allowed; action dismissed with costs throughout.
Legal Topics
Illegality, Ex Turpi Causa Non Oritur Actio, Real Estate Agent Licensing, Renewal/retroactivity of Licences
Source Language
English
Contract Licensing Public Policy Illegality Ex Turpi Causa Non Oritur Actio Real Estate Agent Licensing Renewal/retroactivity of Licences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Commercial Life Assurance Company of Canada

Appellant / Defendant

Randolph H. Drever

Respondent / Plaintiff

Procedural Posture

Contract Appeal Concerning Licensing and Entitlement to Commission / Appeal to the Supreme Court of Canada From the Appellate Division of the Supreme Court of Alberta

Legal Issues

  1. 1 Whether payment of fee for new real estate agent's licence retroactively extends an expired licence to make it subsisting at earlier date
  2. 2 Whether statutory prohibitions apply to the period between expiry of old licence and issue of new licence and render claim for remuneration illegal
  3. 3 Whether a plaintiff may recover commission or quantum meruit for services rendered while unlicensed

Ratio Decidendi

Respondent acted and accepted employment while unlicensed in breach of the statute; a contract founded on such prohibited conduct is illegal and unenforceable (ex turpi causa); the licence issued later was not retroactive, so no right to commission or quantum meruit arises; appeal allowed and action dismissed.

Court Disposition

Appeal allowed; action dismissed with costs throughout.

Orders

  • Appeal allowed.
  • Action dismissed with costs throughout.