Binichakis v. Smitherman (British Columbia Supreme Court)

28/05/13 – Jurisdiction British Columbia
Part 30 published on 01/05/10
Owner’s claim for unjust enrichment dismissed

One of the strata owners cleaned the building’s garage of his own accord, and then sought damages from the strata corporation for “unjust enrichment” on the grounds that the strata corporation benefited from his work.  The claim was dismissed by the Small Claims Court.
[See Condo Cases Across Canada, Part 27, August 2009] 

The owner appealed to the British Columbia Supreme Court, and the appeal was dismissed.  The Appeal Court said that the trial judge had identified and applied the correct principles of law in his adjudication of the claim.