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Quantum Meruit

Posted on June 9, 2020 | Posted in Civil Litigation, Five Liners

Nijjar v. Feldman 2020 Ont SCJ

A real estate salesperson had been acting for his broker to obtain financing for a corporation. The salesperson left the employ of the broker, after he had obtained the initial letter of intent from the prospective mortgagee, and the broker and the corporation agreed to terminate the listing. The salesperson continued to assist the corporation in closing the transaction, but was not able to enter into another agreement with the corporation; they disagreed as to its terms. The judge held that there was no contract, but that the salesperson should be paid for his work after he had left the broker. Since, at one point, the corporation had offered to pay the salesperson $65,000, rather than the claimed $100,000, that was enough to quantify the services at $65,000. The reasons did not indicate why the settlement discussions were admitted into evidence.


Jonathan Speigel


Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.


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