Rickard Construction Ltd. v. Burns, (2014) 458 Sask.R. 176 (PC)

• Judge: Wiegers, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: October 25, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 458 Sask.R. 176 (PC);2014 SKPC 182

Rickard Constr. Ltd. v. Burns (2014), 458 Sask.R. 176 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. OC.069

Rickard Construction Ltd. v. Raymond Burns

(36/13; 2014 SKPC 182)

Indexed As: Rickard Construction Ltd. v. Burns

Saskatchewan Provincial Court

Civil Division

Wiegers, P.C.J.

October 25, 2014.

Summary:

The defendant hired the plaintiff to bury rocks on his farmland. They discussed terms on the telephone. After completing the work, the plaintiff sent the defendant invoices totalling $21,031.50. The defendant paid $13,571.25. The plaintiff sued for the amount owing, $7,460.25.

The Saskatchewan Provincial Court granted judgment for the plaintiff in the amount of $3,928.50 plus GST.

Building Contracts - Topic 4002

Quantum meruit claims - General - Circumstances where doctrine applied - The defendant hired the plaintiff to bury rocks on his farmland - They discussed terms on the phone - After completing the work, the plaintiff billed the defendant $21,031.50 - The defendant paid $13,571.25 - The plaintiff sued for the amount owing, $7,460.25 - The defendant asserted that the charges exceeded the agreed terms and that there were charges that had not been discussed - The defendant also objected to charges that resulted from rounded hourly billing - The Saskatchewan Provincial Court dismissed the plaintiff's action based on breach of contract - There was no "meeting of the minds" on the price, which was a crucial aspect of the parties' discussion - Without an agreement as to price or a method for determining the price, there was no enforceable contract - Therefore, there was no breach of contract - However, where a contract was not made, but only contemplated, quantum meruit could be applied to provide restitution for the plaintiff - The Small Claims court had the authority to order such relief - The order had to reflect what was reasonable in the circumstances - The plaintiff's method of rounded billing was reasonable as were charges including a transportation permit fee and operators' wages as they travelled to and from the work site - An additional $1,600 for service trucks was unreasonable - Judgment was granted for the plaintiff for $3,928.50 plus GST.

Building Contracts - Topic 4170

Quantum meruit claims - Measure of compensation - Considerations - Fair and just amounts - [See Building Contracts - Topic 4002 ].

Contracts - Topic 1104

Formation of contract - General principles - Oral contracts - [See Building Contracts - Topic 4002 ].

Contracts - Topic 2025

Terms - Essential terms - Valuation - [See Building Contracts - Topic 4002 ].

Courts - Topic 8145

Provincial courts - Saskatchewan - Small Claims - Jurisdiction - General (incl. appeals) - [See Building Contracts - Topic 4002 ].

Practice - Topic 9767

Small claims - Jurisdiction - General - [See Building Contracts - Topic 4002 ].

Restitution - Topic 784

Benefit acquired from the plaintiff - Recovery based on quantum meruit - Work performed or goods provided - [See Building Contracts - Topic 4002 ].

Restitution - Topic 2505

Benefit acquired at defendant's request - Recovery based on quantum meruit - Work or services performed - General - [See Building Contracts - Topic 4002 ].

Cases Noticed:

Infinity Steel Inc. v. B & C Steel Erectors Inc. et al., [2009] B.C.T.C. Uned. 1053; 87 C.L.R.(3d) 149; 2009 BCSC 1053, varied (2011), 304 B.C.A.C. 227; 513 W.A.C. 227; 99 C.L.R.(3d) 6; 2011 BCCA 215, refd to. [para. 31, footnote 5].

CH2M Hill Energy Canada Ltd. v. Consumers' Co-operative Refineries Ltd. (2010), 362 Sask.R. 104; 500 W.A.C. 104; 2010 SKCA 75, refd to. [para. 34, footnote 6].

Classic Paving Inc. v. Fresh Air Enterprises Ltd. (2014), 448 Sask.R. 161; 2014 SKPC 132, refd to. [para. 34, footnote 7].

Saskatchewan Government Insurance v. Medynski et al. (2012), 396 Sask.R. 104; 2012 SKQB 157, refd to. [para. 35, footnote 8].

Zawislak v. Lush Lawn Irrigation Inc. (2001), 211 Sask.R. 16; 2001 SKQB 386, refd to. [para. 36, footnote 10].

Canada Deposit Insurance Corp. v. Commonwealth Trust Co. et al., [2009] B.C.T.C. Uned. 1493; 2009 BCSC 1493 (Reg.), refd to. [para. 39, footnote 12].

Connomwealth Trust Company, Re - see Canada Deposit Insurance Corp. v. Commonwealth Trust Co. et al.

Michipicoten First Nation v. Michipicoten First Nation Community Trust, 2014 ONSC 594, refd to. [para. 39, footnote 12].

Counsel:

Tom Rickard, for the plaintiff;

Sharon Burns, for the defendant.

This action was heard at Estevan, Saskatchewan, by Wiegers, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on October 25, 2014.