Brewer v. Chrysler Canada Ltd., (1977) 4 A.R. 497 (TD)

• Judge: MacDonald, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 21, 1977
• Citations: (1977), 4 A.R. 497 (TD)

Brewer v. Chrysler Can. Ltd. (1977), 4 A.R. 497 (TD)

MLB headnote and full text

Brewer v. Chrysler Canada Ltd.

Indexed As: Brewer v. Chrysler Canada Ltd.

Alberta Supreme Court

Trial Division

Judicial District of Calgary

MacDonald, J.

March 21, 1977.

Summary:

This headnote contains no summary.

Restitution - Topic 2505

Benefit acquired at defendant's request - Recovery based on quantum meruit - Compensation for work or services performed - The defendant, a car manufacturer, in contemplation of establishing a new dealership at Calgary, Alberta contacted the plaintiff who was then employed as a sales manager by a Ford dealer - The plaintiff and the defendant entered into negotiations in August 1975 - In October 1975 the plaintiff resigned from his job at the Ford dealer - With the knowledge of the defendant, from November 1975 through February 1976 the plaintiff made preparations for the new dealership which he expected would be granted to him - The new dealership was eventually granted to the plaintiff's partner who took advantage of the plaintiff's preparations - The Alberta Supreme Court, Trial Division, awarded the plaintiff $11,275.00 for compensation for his services - The Trial Division stated that in the circumstances the plaintiff was entitled to an award by way of unjust enrichment or quantum meruit - See paragraph 26.

Cases Noticed:

Central London Property Trust v. High Trees House Ltd., [1956] 1 All E.R. 256, folld. [para. 25].

Craven-Ellis v. Canons Ltd., [1936] 2 K.B. 403, folld. [para. 27].

Authors and Works Noticed:

Goff & Jones, The Law of Restitution, p. 270 [para. 28].

Counsel:

W.M. Wakerich, for the plaintiff;

Murray H. Dale, for the defendant.

The judgment of the Alberta Supreme Court, Trial Division was delivered by MacDONALD, J., at Calgary, Alberta on March 21, 1977.