Matthieu Charron

Following a summary judgment decision awarding damages for conversion, the plaintiff requested clarification regarding unresolved claims for unjust enrichment and punitive damages.

The court held that the unjust enrichment claim had been pleaded only as an alternative to conversion and therefore did not require adjudication once conversion was established.

The court acknowledged that the prior reasons failed to address the punitive damages claim and considered it in this supplementary endorsement.

It concluded that the defendants’ conduct did not meet the exceptional threshold required for punitive damages.

The claim for punitive damages was therefore dismissed.

The plaintiff subcontractor brought a motion for summary judgment against the defendant property owner and new general contractor for the tort of conversion.

After the original general contractor became insolvent, the plaintiff sought to remove its custom-built equipment from the construction site.

The defendants refused access, claiming the equipment had been paid for under the original contract.

The court found that title to the equipment never passed to the defendants and their refusal to allow the plaintiff to retrieve it constituted conversion.

Summary judgment was granted and damages were awarded based on the defendants' previous counter-offer to purchase the equipment.

The plaintiff subcontractor moved for summary judgment arising from a bridge construction dispute after the original general contractor became insolvent.

The motion concerned customized arch assembly jigs and a modified power container that remained on site and were then used by a replacement contractor to complete the project.

The court held that title to the equipment never passed under the subcontract, that the defendants’ refusal to permit removal was unreasonable, and that both defendants were liable in conversion.

Summary judgment was granted, damages were fixed at $135,600, and motion costs of $20,000 were awarded on a partial indemnity basis.

The appellants appealed their convictions, arguing they were denied a fair hearing before the appeal court judge.

At the lower appeal hearing, the appellants requested an adjournment due to late service of the respondent's factum.

The judge asked counsel to explain the case to determine if an adjournment was warranted, but then proceeded to dismiss the appeal without ruling on the adjournment or inviting submissions on the merits.

The Court of Appeal allowed the appeal, finding that the process lacked the appearance of a fair hearing because counsel were not given the opportunity to make submissions on the merits.

The decision was set aside and a new hearing was ordered before a different judge.