Alisha Thakkar

This endorsement fixes costs for a prior motion where the Respondent successfully obtained an order for the sale of the matrimonial home.

The Respondent sought substantial indemnity costs, arguing she made an equivalent to a Rule 49 offer.

The Applicant sought partial costs or that each party bear their own costs.

The court found the Respondent was the successful party but did not meet or better her offer to settle.

Consequently, costs were awarded on a partial indemnity basis.

The Applicant was ordered to pay the Respondent $4,000.00, inclusive of HST and disbursements, payable from his share of the matrimonial home proceeds upon sale.

The respondent brought a motion for partition and sale of the matrimonial home.

The applicant, an 83-year-old in ill health requiring home dialysis, opposed the sale, arguing it would jeopardize his health and that financial disclosure and equalization issues were unresolved.

The court granted the order for sale, finding no evidence that the applicant's dialysis required him to remain in the specific home and that financial issues were quantifiable and could be managed with hold-backs.

The court ordered the sale to proceed with the applicant remaining in the home until closing, allowing sufficient time for new accommodations.

The defendants (Buyers) brought a motion to set aside their noting in default in a claim for breach of an agreement of purchase and sale.

The plaintiff (Seller) had noted them in default after they failed to pay a deposit and complete the property purchase.

The Buyers argued improper service and a plausible defence that the agreement was void ab initio due to non-payment of the deposit.

The court found service was valid, the Buyers' delay in responding was significant and unexplained, and their proposed defence lacked an air of reality regarding liability and damages.

The motion was dismissed, and costs were awarded to the plaintiff.

The Court of Appeal for Ontario dismissed an appeal concerning the valid exercise of a lease renewal option.

The appellant argued the tenant's notice was not clear and unequivocal because it included proposals for new terms.

The court affirmed the motion judge's finding that the tenant's explicit statement of intent to renew was sufficient, as the lease anticipated ongoing negotiations for rent, and the additional proposals did not render the notice conditional.