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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.
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Appellant
Respondent
Court
Court of Appeals for British ColumbiaCase Number
CA48840Practice Area
Corporate & commercial lawAmount
Not specified/UnspecifiedWinner
RespondentTrial Start Date