Tony Hayre Management Services Ltd. v. Brillion Homes Ltd.
Tony Hayre Management Services Ltd.
Law Firm / Organization
McQuarrie Legal Services
Brillion Homes Ltd.
Law Firm / Organization
Nguyen, Diep T. H., Law Corporation
Lawyer(s)

Diep T. H. Nguyen

Christa Vina Investment Ltd.
Law Firm / Organization
Nguyen, Diep T. H., Law Corporation
Lawyer(s)

Diep T. H. Nguyen

Facts:
Brillion Homes, owned by Mr. Nguyen, hired Tony Hayre Management Services Ltd. to manage the completion of a commercial/residential property. The contract was disputed—Mr. Hayre claimed it was a monthly service agreement until project completion, while Mr. Nguyen argued it was for a fixed amount to be completed in 12 months.

Legal Issues:

  1. Contract Interpretation: The court had to determine if the contract was for a 12-month service or tied to completing the project. It held that the contract was meant to continue until completion, with no strict 12-month termination clause.
  2. Unjust Enrichment: The court also addressed unjust enrichment, finding that Mr. Hayre provided services after the disputed contract period, and Mr. Nguyen benefited from those services without payment.

Result:
The court ruled in favor of Tony Hayre Management Services Ltd., awarding it $30,000 (two months' fees at $15,000 per month) plus an additional $6,666.67 (for post-project fees), along with prejudgment interest and GST. A claim for $2,250.04 for unspecified labor was dismissed. The total award, excluding interest and costs, was $36,666.67.

Supreme Court of British Columbia
S235464
Construction law
$ 36,667
Plaintiff