Is it fraud on the part of a building owner or his agent to request alterations to the contract and then refuse payment?
British Columbia, Canada
The following excerpt is from J.P. Metal Masters inc. v. David Mitchell Co. ltd, 1999 CanLII 6183 (BC SC):
In my opinion a person cannot entice another to do something with the representation, explicit or implicit, that they will be paid for their services and then upon completion deny payment on the basis of no contract. It is fraud on the part of the building owner or his agent to request alterations to the contract and then refuse payment on the ground that the expenditure was incurred without proper authority: Hill v. South Staffordshire Ry. Co. (1865), 12 L.T. 63.
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