enrichment

Default judgment or summary judgment in the context of a breach of trust action under the Construction Act.

A motion decision released this week by the Superior Court of Justice discussed the jurisdiction of an associate judge with respect to granting default judgment vs. summary judgment in the context of a breach of trust action under the Construction Act.At the hearing of the motion in February, the Court struck the defences of two …

Default judgment or summary judgment in the context of a breach of trust action under the Construction Act. Read More »

Subcontractors cannot successfully make a claim for unjust enrichment against owners.

Date:  April 2022 A recent Superior Court of Justice decision on the issue of costs reconfirmed the principle that subcontractors cannot make claims against owners in unjust enrichment because it would undermine the statutory scheme of the Construction Act. To succeed in an unjust enrichment claim, the plaintiff must prove (1) that the defendant was …

Subcontractors cannot successfully make a claim for unjust enrichment against owners. Read More »

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