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Nowak v. Lacasse
  • Background: The case involves a dispute between Matthew Levi Nowak and Eric Paul Lacasse related to their business, Eco Sanitizer Inc., which sells hand sanitizer. Lacasse claimed that he was entitled to a share of the profits as a partner, or alternatively, damages for unjust enrichment or a remedial constructive trust.

  • Trial Findings: The trial judge found no partnership or employment contract existed between Nowak and Lacasse. However, she concluded that Nowak was unjustly enriched at the expense of Lacasse. The unjust enrichment was quantified as 33% of the sales (minus specific expenses) from the time Lacasse began work until three months after his departure.

  • Remedial Process: The trial judge ordered an accounting to determine the exact benefit gained by Nowak during the relevant period. This would help in deciding between a monetary or proprietary remedy, which Lacasse could elect after the accounting.

  • Appeal: Nowak sought to appeal the order for an accounting, aiming to challenge the unjust enrichment finding as premature. However, since the trial was not yet fully concluded and no final order was made, the Court of Appeal found it inappropriate to grant an appeal at this interim stage.

  • Court of Appeal's Decision: The application for leave to appeal was dismissed. The court noted that appealing the order for an accounting would hinder the ongoing legal process. It emphasized that an appeal should wait until the final order is made, at which point all interim orders and findings can be reviewed.

Matthew Levi Nowak
Law Firm / Organization
Not specified
Lawyer(s)

J. Leung

Eco Sanitizer Inc. (formerly known as 0966452 B.C. Ltd. dba Eco Sanitizer)
Law Firm / Organization
Not specified
Lawyer(s)

J. Leung

Eric Paul Lacasse
Law Firm / Organization
Not specified
Lawyer(s)

R.S. Deol

Court of Appeals for British Columbia
CA48840
Corporate & commercial law
Not specified/Unspecified
Respondent