The appellant, a building contractor, entered into an agreement to complete a housing scheme and purchase lots.
To assist the development, the appellant advanced $52,500 to the respondent trustee earlier than required.
The respondent kept the funds for his firm's fees instead of forwarding them to the mortgagee as required by the agreement.
The appellant sued for conversion and breach of contract.
The Supreme Court of Canada restored the trial judgment in favour of the appellant, finding no evidence of an unambiguous promise by the appellant that would estop it from enforcing its strict legal rights.
