Deglman v. Guaranty Trust Co. of Canada and Constantineau

Deglman v. Guaranty Trust Co. of Canada and Constantineau

The Court held the respondent's acts were not unequivocally referable to the specific land and so the oral agreement could not be specifically enforced under s.4 of the Statute of Frauds; however, because the deceased received the benefit of full performance of an existing but unenforceable contract, equity and law imposed on her estate an obligation to pay the fair value of the services (quantum meruit) and the claim was not time barred because the cause of action accrued only on her death; the award fixed at $3,000 was ordered against the estate.

Citation
[1954] SCR 725
Parties
Appellant (defendant / Next of Kin): Beatrice C. Deglman; Respondent (defendant / Administrator): The Guaranty Trust Company of Canada (Administrator of the Estate of Laura Constantineau Brunet, Deceased); Respondent (plaintiff): George Constantineau
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 June 1954
Procedural Posture
Contract (parol Agreement to Devise Land; Quantum Meruit) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Final Judgment on Appeal
Outcome
Appeal allowed in part; specific performance refused; restitutionary award against estate granted.
Legal Topics
Parol Agreement to Devise Land, Part Performance, Statute of Frauds S.4, Specific Performance, Quantum Meruit, Unjust Enrichment, Statute of Limitations
Source Language
English
Contract Equity Property Law Probate Restitution/unjust Enrichment Parol Agreement to Devise Land Part Performance Statute of Frauds S.4 +4 more

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Parties

Beatrice C. Deglman

Appellant (defendant / Next of Kin)

The Guaranty Trust Company of Canada (Administrator of the Estate of Laura Constantineau Brunet, Deceased)

Respondent (defendant / Administrator)

George Constantineau

Respondent (plaintiff)

Procedural Posture

Contract (parol Agreement to Devise Land; Quantum Meruit) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Final Judgment on Appeal

Legal Issues

  1. 1 Whether acts of part performance were unequivocally referable to the specific land so as to take the oral agreement out of s.4 of the Statute of Frauds
  2. 2 Whether specific performance of the alleged oral will/devise agreement could be ordered
  3. 3 Whether claimant could recover on quantum meruit/unjust enrichment for services rendered under an unenforceable contract

Ratio Decidendi

The Court held the respondent's acts were not unequivocally referable to the specific land and so the oral agreement could not be specifically enforced under s.4 of the Statute of Frauds; however, because the deceased received the benefit of full performance of an existing but unenforceable contract, equity and law imposed on her estate an obligation to pay the fair value of the services (quantum meruit) and the claim was not time barred because the cause of action accrued only on her death; the award fixed at $3,000 was ordered against the estate.

Court Disposition

Appeal allowed in part; specific performance refused; restitutionary award against estate granted.

Orders

  • Respondent George Constantineau awarded $3,000 against the administrator of the estate of Laura Constantineau Brunet
  • All costs to be paid out of the estate