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Payroll provider cannot sue corporate director for unjust enrichment after funding payroll without receiving funds.
The appellant payroll provider paid the wages of the corporate respondent's employees without first receiving sufficient funds from the corporation.
The appellant sued a director of the corporation for unjust enrichment, arguing that its payment relieved the director of her statutory liability for unpaid wages under s. 131 of the OBCA.
The Court of Appeal dismissed the appeal, holding that the primary obligation to pay wages belonged to the corporation, not the director.
The director received no direct benefit and was not unjustly enriched.
Furthermore, the appellant could not be subrogated to the employees' rights because the employees had been paid and had no claim against the director.
