Both the plaintiff, J.T.J. Contracting (Emo) Ltd. (JTJ), and the defendant, 444616 Ontario Inc. o/a Lunam Drillers Ltd. (Lunam), moved for summary judgment.
JTJ sought a declaration of a profit a prendre interest in crushed rock material and restitution based on unjust enrichment or quantum meruit.
Lunam sought dismissal of JTJ's claim and summary judgment on its counterclaim.
The court dismissed JTJ's claim for a profit a prendre, finding no valid assignment of rights.
However, the court found a genuine issue for trial regarding JTJ's equitable claim for unjust enrichment/quantum meruit for the work performed, thus denying Lunam's motion to dismiss the balance of JTJ's claim.
Lunam's motion for summary judgment on its counterclaim was also dismissed, as genuine issues for trial remained.
