3 total
Summary judgment granted to vendor for damages from an abortive real estate transaction; no duty to mitigate by accepting vendor take-back mortgage.
The plaintiff home builder brought a motion for summary judgment against the defendant purchasers who failed to close a real estate transaction due to an inability to obtain financing in a declining market.
The plaintiff resold the property at a loss and sued for the difference in sale prices and carrying costs.
The defendants argued the plaintiff failed to mitigate its damages by refusing to take back a mortgage.
The court granted summary judgment, finding no failure to mitigate, as a vendor is not obliged to accept revised terms from a defaulting purchaser.
Damages were awarded for the loss in value and carrying costs, excluding interest on a loan not proven to be connected to the property.
Tribunal orders insurer to pay $2,260 for a psychological assessment deemed reasonable and necessary.
The applicant was struck by an SUV while riding a bicycle and subsequently developed severe psychological and emotional issues, including panic attacks and difficulty swallowing.
She sought $2,260 for a psychological assessment under the Statutory Accident Benefits Schedule.
The respondent insurer denied the claim, arguing it was unnecessary given her recent psychiatric treatment.
The Licence Appeal Tribunal found the assessment reasonable and necessary, noting the applicant's symptoms surfaced post-accident and persisted for years.
The Tribunal ordered the respondent to pay the cost of the assessment plus interest.
Arbitration application dismissed after applicant's documents excluded for late service and no evidence presented.
The applicant sought accident benefits following a motor vehicle accident.
At the arbitration hearing, the applicant did not attend in person.
The arbitrator denied the insurer's motions to dismiss the application based on the applicant's absence and failure to comply with production orders.
However, the arbitrator granted the insurer's motion to exclude the applicant's arbitration brief and witness list because they were served late without extraordinary circumstances.
The arbitrator denied the applicant's subsequent request for an adjournment.
As the applicant presented no evidence to prove her claim, the application for arbitration was dismissed.
The insurer was awarded expenses of $8,033.71.
