Is a plaintiff entitled to recover on a quantum meruit for services provided by the other party?

Saskatchewan, Canada


The following excerpt is from Meston, In re; Meston v. Gray, 1925 CanLII 179 (SK CA):

I am of the opinion, however, that the plaintiff is entitled to recover on a quantum meruit. Where parties stand to one another in the natural relation of parent and child, and are inmates of the same household, it is well established that no implied contract for the payment of wages arises; and the same principle has been extended to the case where the person against whom the claim is made stands in loco parentis to the other. In the present case, however, special circumstances are established, which demonstrate that the services rendered were not intended to be gratuitous, and the plaintiff is entitled to recover their reasonable value. Walker v. Boughner, 18 O.R. 448, at p. 455; Noecker v. Noecker, 41 O.L.R. 296.

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