Canada Case Law

Dares v. LeBlanc

Court

Supreme Court of Nova Scotia

Court found a binding contract existed: Applicant agreed to rebuild the Boat for $7,000–$7,500 inclusive of materials with the Boat to be sea-ready for the 2022 boating season; Applicant breached the contract by failing to complete within the agreed/expected period and provided no assurance of timely completion, thereby fundamentally breaching the contract; Respondent validly repudiated by repossessing the Boat on Nov 20, 2022; Respondent had paid approximately $6,592.61 (about 90%) and the Boat was about 90% complete so no further payment was owed; unjust enrichment/quantum meruit claims fai…

Source excerpt

• Breach of contract
• Repudiation / fundamental breach
• Contract formation and certainty
• Assessment of credibility
• Unjust enrichment
• Quantum meruit

Read case analysis

Monette Farms Ltd. v. Dutcyvich

Court

British Columbia Court of Appeal

The Court of Appeal set aside a $12 million contract award, found no certainty on the fee term, and substituted a $2.7 million quantum meruit award.

• Formation of contract
• Certainty of essential terms
• Oral agreement
• Intermediary introduction fees
• Assessment of restitutionary damages
• Fresh evidence on appeal

Read case analysis

Atlantic Canada Log Homes Inc. v. Buergi

Court

Supreme Court of Nova Scotia

The 2015 estimates were non-binding and too vague to constitute a definite offer giving rise to a fixed-price contract; negligent misrepresentation not established due to absence of a special relationship, unclear reliance and changes after 2015; however, plaintiff proved some recoverable labour costs incurred to defendant's benefit and is entitled to quantum meruit recovery in a limited quantified amount ($34,329), subject to additional HST if plaintiff proves payment to the government.

Source excerpt

• Binding effect of estimates
• Offer and acceptance
• Repudiation
• Damages for unpaid work
• Hedley byrne negligent misrepresentation
• Costs

Read case analysis

Shoolestani v. Ichikawa

Court

Supreme Court of British Columbia

The court allowed Ms. Pour to amend her claim to add quantum meruit and unjust enrichment, holding the essential facts were already pleaded and any limitation defence was waived.

• Amendment of pleadings
• Limitation defence waiver
• Cause of action
• Summary judgment
• Amendment-of-pleadings
• Quantum-meruit

Read case analysis

Crocker v. Dalhousie University

Court

Supreme Court of Nova Scotia

The AGNS failed its evidentiary burden on summary judgment because a material factual dispute exists as to whether Dr. Camfield made representations in 1996 as an agent of the Department of Health; the Purcell affidavit was insufficient to eliminate that dispute, so summary judgment must be denied.

Source excerpt

• Summary judgment
• Affidavit admissibility
• Hearsay
• Pleadings
• Accounting
• Proceedings against the crown act

Read case analysis

Sangha v. Canaco Resources Inc.

Court

Supreme Court of British Columbia

The court removed Canaco Resources Inc. as a party after its reorganization, but allowed the claim against East Africa Metals Inc. to proceed pending discovery.

• Finder's fee
• Successor liability
• Striking pleadings
• Rule 9-5(1)(a) application
• Rule 9-6(4) no genuine issue
• Proper party under rule 6-2(7)

Read case analysis

MacKay v. MacKay Estate

Court

Supreme Court of Nova Scotia

Claimant provided some services but exaggerated extent and crucial allegations of a promise to devise property were uncorroborated; there existed a donative intent/juristic reason such that services were not rendered in expectation of paid remuneration; therefore unjust enrichment and quantum meruit claims failed and Registrar's dismissal was affirmed.

Source excerpt

• Appeal from registrar
• Corroboration requirement
• Donative intent
• Juristic reason analysis
• Costs

Read case analysis

IAT Air Cargo Facilities Income Fund v. BMO Nesbitt Burns Inc.

Court

Supreme Court of British Columbia

The court held that FrontFour’s 44.5% take-up did not trigger BMO’s base completion fee under the engagement letter, and ordered repayment of $525,000.

• Completion fee
• Engagement letter
• Takeover bid
• Tender condition
• Contract interpretation
• Restitution

Read case analysis

Manjit International Development Ltd. v. Ng

Court

British Columbia Court of Appeal

The Court of Appeal upheld the trial judge’s factual findings but removed an unsupported quantum meruit award for the garage, reducing the judgment and varying costs.

• Breach of contract
• Contract price
• Credibility findings
• Pleadings
• Costs
• Set-off and credits

Read case analysis

Sucher v. Immediate Images Inc.

Court

Supreme Court of British Columbia

The court rejected most claims arising from an alleged oral equity deal, but held that Immediate Images Inc. owed unpaid management fees under a binding contract.

• Oral contract
• Management services fees
• Equity/share agreement
• Personal liability of directors
• Expenses reimbursement
• Misrepresentation

Read case analysis