Canada Case Law

Groves v. Luedee

Court

Supreme Court of Nova Scotia

The applicant proved unjust enrichment in respect of specific monetary contributions, assumption of renovation debt and unpaid labour linked to the respondent's home, entitling him to a monetary award on a quantum meruit basis of $17,865.65; there was insufficient evidence of a shared intention, economic integration or other indicia of a joint family venture to support proprietary or value‑survived relief, so equitable proprietary remedies were denied.

Source excerpt

• Unjust enrichment
• Quantum meruit
• Value survived
• Joint family venture
• Constructive trust
• Preservation order

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Simpson v. League and Williams Law Corporation

Court

Supreme Court of British Columbia

The court has jurisdiction under Rule 12-1(9) to give precedence to the professional negligence trial; because the LPA review and the professional negligence action overlap materially and create a real risk of inconsistent findings and multiplicity of proceedings, the appropriate remedy is to stay the LPA review pending determination of the professional negligence action, subject to conditions (delivery of affidavit(s) of justification).

Source excerpt

• Stay of proceedings
• Jurisdiction under supreme court civil rules
• Contingency fee dispute
• Quantum meruit
• Registrar fee review
• Risk of inconsistent findings

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Element Restorations Ltd. v. Arruda

Court

Supreme Court of British Columbia

The contract contained an implied term that the plaintiff's project manager possessed sufficient skill to estimate costs; the plaintiff breached that term by using improper methodology, failing to review and adjust the budget, and failing to promptly notify the defendants of significant overruns; those breaches justified the defendants' termination and dismissal of the plaintiff's claim.

Source excerpt

• Breach of contract
• Implied terms in estimates
• Estimate accuracy and notification
• Quantum meruit
• Mitigation of damages
• Costs

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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

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Aylmer Meat Packers Inc. v. Harrison Pensa LLP

Court

Court of Appeal for Ontario

The Court of Appeal dismissed a law firm’s claim to a contingency fee from damages recovered on appeal, holding the retainer did not cover appellate recoveries and quantum meruit was unavailable.

• Retainer agreement
• Contingency fee
• Contract interpretation
• Quantum meruit
• Costs
• Contract-interpretation

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New Chinatown Restaurant Inc.v. Keramaris

Court

Supreme Court of Nova Scotia

The appeal is dismissed because the adjudicator did not commit an error of law: the record contained evidence supporting findings of an intention to contract and the reasonable value of work; the adjudicator properly credited barter to a limited extent; reliance on third‑party estimates and photographs was within his fact‑finding role; fresh evidence was not allowed on appeal; therefore no legal ground justified overturning the Small Claims decisions.

Source excerpt

• Quantum meruit
• Intention to contract (animus contrahendi)
• Admissibility of fresh evidence on appeal
• Set-off/barter credit
• Standard of review for small claims court appeals

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Reimer v. Reimer

Court

Supreme Court of British Columbia

The court rejected claims of fiduciary breach and knowing receipt, found transfers from Peter Reimer to Jacqueline Reimer were subject to a resulting trust, and awarded Jacqueline a $197,600 set-off.

• Resulting trust
• Ad hoc fiduciary duty
• Power of attorney
• Knowing receipt
• Unjust enrichment
• Quantum meruit

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Sofia Express AG Corporation v. Nautel Limited

Court

Supreme Court of Nova Scotia

Court accepted applicant's evidence as more consistent with documentary record and commercial reality, found a continuing agency relationship by conduct that persisted beyond the facial term of the written ASA, concluded applicant materially caused and substantially contributed to Nautel's sales to VOV, and ordered commission at 10% of the invoiced gross amounts (commercial practice and prior correspondence supporting a 10% measure); alternatively quantum meruit/unjust enrichment would apply.

Source excerpt

• Commission dispute
• Agency agreement
• Quantum meruit
• Termination of agency
• Prejudgment interest
• Credibility findings

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Braun v. Scholey

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia set aside a Provincial Court decision for procedural unfairness and misapplication of unjust enrichment law, and remitted the claims for trial.

• Unjust enrichment
• Quantum meruit
• Procedural fairness
• Provincial court jurisdiction
• Standard of review
• Constructive trust

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Schwitzer v. Little

Court

Supreme Court of British Columbia

The Court rejected the plaintiff’s equity and ownership claims, awarded repayment and quantum meruit, dismissed wrongful arrest, and allowed the defendant’s defamation counterclaim in part.

• Constructive trust
• Shareholder loan
• Agreement to agree
• Quantum meruit
• Wrongful arrest/false arrest
• Defamation

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