Is the contractual quantum meruit claim a new cause of action?

Alberta, Canada


The following excerpt is from Litemor Distributors (Edmonton) Ltd. v. Midwest Furnishings & Supplies Ltd., 2005 ABQB 520 (CanLII):

It is unnecessary for me to decide if the contractual quantum meruit claim, or the quasi-contractual claim for that matter, is a new cause of action so long as it is clear that the proposed amendments are referable to the transaction or events described in the original pleading. As noted by Mr. Justice Clackson in Greentree v. Martin, 2004 ABQB 365 at para. 13: ... I think that while the cause of action established by the amendment is different from the cause of action in the original pleading, the [Limitations] Act does not speak of causes of action, but rather events and occurrences. In my view, that is a much broader perspective.

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