John V. Sestito

The appellant appealed a summary judgment dismissing its action for outstanding amounts under a construction contract.

The Court of Appeal upheld the motion judge's findings that summary judgment was appropriate, that the respondent had not waived its right to rely on the contract's strict notice requirements, and that equitable claims for quantum meruit and unjust enrichment were precluded by the existence of a valid contract.

The appeal was dismissed with costs.

The defendant, Attorney General of Canada, brought a motion for summary judgment to dismiss the plaintiff contractor's claim for additional compensation related to alleged delays and extra work on a construction project.

The court found that the plaintiff failed to comply with the strict notice provisions of the contract, which barred its claims.

The court also rejected the plaintiff's arguments that the defendant waived strict compliance with the contract or that the plaintiff was entitled to compensation based on quantum meruit or unjust enrichment.

The motion for summary judgment was granted and the action was dismissed.