Case information

Unjust enrichment — Application of unjust enrichment criteria — Action in unjust enrichment against respondent to recover amount of money corresponding to hours applicant spent managing and maintaining respondent’s immovables — Whether applicant is entitled to that amount — Civil Code of Québec, arts. 1493, 1494.

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The respondent, Claire De Blois, was the owner of several immovables that were maintained and administered by the applicant, Marc Olivier. However, in a dispute between the parties in 2020, Mr. Olivier claimed to be the true owner of the immovables under a verbal prête-nom agreement entered into with Ms. De Blois. In 2021, the Quebec Superior Court rendered a judgment determining that Ms. De Blois was the true owner of the immovables. Mr. Olivier did not appeal that judgment, but instead brought an action in unjust enrichment against Ms. De Blois, claiming $890,951.54, corresponding to the hours he spent maintaining and managing the immovables. Being of the view that the unjust enrichment criteria had not been met, the Superior Court dismissed the action. Mr. Olivier appealed that judgment. The Quebec Court of Appeal found that Mr. Olivier was calling into question the Superior Court’s interpretation of the evidence as a whole, both in the 2020 dispute and in the action in unjust enrichment, and was in fact proposing the complete reopening of the debate, that is, a full and new analysis of the facts in the hope of obtaining other conclusions favourable to him. The Court of Appeal pointed out that that was not its role and dismissed the appeal.