Adam Ship

The appellant appealed from a judgment dismissing his action against the respondents on summary judgment.

The Court of Appeal found no error in the motion judge's conclusion that the appellant failed to adduce evidence capable of raising a genuine issue for trial.

The Court also agreed that the action was frivolous, vexatious, and an abuse of process.

The appeal was dismissed with costs awarded to the respondents.

The appellant appealed a trial judgment awarding damages for breach of a commercial real estate agreement based on a 50 per cent lost chance of closing.

The Court of Appeal upheld the trial judge's findings on causation, the date of assessment, and the use of a discounted cash flow methodology.

However, the Court found the trial judge misapprehended evidence regarding the amortization of capital expenditures and directed a new trial solely on the issue of recovering certain management expenses.