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ARTICLE · 23 JUNE 2011

Consulate Ventures Inc v Amico Contracting & Engineering (1992) Inc

WeirFoulds LLP
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This dispute arose following work carried out by Consulate Ventures ("Consulate") and its principal, together with Amico Contracting ("Amico") and Windsor Factory Outlet Mall ("Windsor"), on a project that turned 22 acres of land into a thriving manufacturer's outlet mall.

CanadaCorporate/Commercial Law
Stephanie Turnham
Stephanie Turnham
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2011 ON CA 418 (Released June 2, 2011)

Restitution – Quantum meruit – Valuation

This dispute arose following work carried out by Consulate Ventures ("Consulate") and its principal, together with Amico Contracting ("Amico") and Windsor Factory Outlet Mall ("Windsor"), on a project that turned 22 acres of land into a thriving manufacturer's outlet mall. On the day before Phase I of the mall was to open, Amico and Windsor took the position for the first time that they did not have a binding joint venture agreement with Consulate.

Consulate sought damages for breach of contract or restitutionary relief based on quantum meruit. The trial judge dismissed the claim in its entirety because: (a) there was no formal joint venture agreement and therefore no contract claim; and (b) the quantum meruit claim was dependent in law on a contractual relationship.

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