Nijjar v. Feldman et al.

[Indexed as: Nijjar v. Feldman]

Ontario Reports

Ontario Superior Court of Justice

Sossin J.

January 29, 2020

150 O.R. (3d) 1 | 2020 ONSC 552

Case Summary

Contracts — Formation — Commercial real estate broker on behalf of his employer arranging mortgage refinancing for client — Broker leaving employment and employer terminating relationship with client — Broker delivering letter of direction to client setting out terms of engagement — Client not singing letter of direction but continuing to receive advice from broker — Broker's action for breach of contract dismissed for failure to agree on price — Broker succeeding in unjust enrichment.

Restitution — Quantum meruit — Unjust enrichment — Commercial real estate broker on behalf of his employer arranging mortgage refinancing for client — Broker leaving employment and employer terminating relationship with client — Broker delivering letter of direction to client setting out terms of engagement — Client not singing letter of direction but continuing to receive advice from broker — Broker's action for breach of contract dismissed for failure to agree on price — Broker succeeding in unjust enrichment on a quantum meruit basis determined by client's valuation of services.

The plaintiff was a commercial real estate broker. He was approached by the defendant F to refinance a commercial mortgage for a property where F's timber business was located. The plaintiff, on behalf of his employer, obtained an offer of mortgage financing from a bank that entered into a contract with F's holding company but after due diligence ultimately declined the mortgage. That contract provided for a