Walker v. Williams

Walker v. Williams

Claimant was entitled to recover on a quantum meruit for consulting/finder services in the amount of $2,300 because there was at least tacit agreement to compensate him and his services did not fall within statutory prohibitions on unlicensed trading or mortgage brokering; the Builders' Lien Act did not legitimately apply to these services, and recovery is allowed only against the parties who contracted for the services (Wesley Henry Williams and Alessandra B. Lenci).

Citation
2007 NSSM 79
Parties
Claimant: Daniel Walker; Defendant: Jermaine Williams; Defendant: Wesley Henry Williams; Defendant: Alessandra B. Lenci; Defendant: Giovanni Lenci
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 December 2007
Procedural Posture
Small Claims Court / Judgment
Outcome
Judgment for claimant in part: $2,300.00 for quantum meruit plus filing fee $85.44, total $2,385.44; no prejudgment interest; recovery limited to Wesley Henry Williams and Alessandra B. Lenci; no recovery against Jermaine Williams or Giovanni Lenci.
Legal Topics
Quantum Meruit, Builders Lien, Licensing of Real Estate and Mortgage Brokers, Finders Fee, Unjust Enrichment, Deed Transfer Tax
Source Language
English
Contract Law Real Property Statutory Interpretation Equity Quantum Meruit Builders Lien Licensing of Real Estate and Mortgage Brokers Finders Fee +2 more

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Parties

Daniel Walker

Claimant

Jermaine Williams

Defendant

Wesley Henry Williams

Defendant

Alessandra B. Lenci

Defendant

Giovanni Lenci

Defendant

Procedural Posture

Small Claims Court / Judgment

Legal Issues

  1. 1 Whether there was an agreement (express or tacit) to pay the claimant for services
  2. 2 Whether, as a result of lack of licencing, the claimant was precluded from recovery under statutes regulating real estate trading or mortgage brokering
  3. 3 Whether the Builders' Lien Act entitled the claimant to register a lien for these services

Ratio Decidendi

Claimant was entitled to recover on a quantum meruit for consulting/finder services in the amount of $2,300 because there was at least tacit agreement to compensate him and his services did not fall within statutory prohibitions on unlicensed trading or mortgage brokering; the Builders' Lien Act did not legitimately apply to these services, and recovery is allowed only against the parties who contracted for the services (Wesley Henry Williams and Alessandra B. Lenci).

Court Disposition

Judgment for claimant in part: $2,300.00 for quantum meruit plus filing fee $85.44, total $2,385.44; no prejudgment interest; recovery limited to Wesley Henry Williams and Alessandra B. Lenci; no recovery against Jermaine Williams or Giovanni Lenci.

Orders

  • Judgment in favour of Daniel Walker against Wesley Henry Williams and Alessandra B. Lenci in the amount of $2,300.00 for quantum meruit
  • Judgment for filing fee of $85.44 to Daniel Walker