B. Roberston

Following an application regarding a real estate transaction where Weldan Properties was entirely successful, Weldan sought costs on a substantial or partial indemnity basis.

The Deangelis parties argued for no costs, citing the novelty of the issue and the doctrine of good faith.

The court rejected the novelty argument, finding the doctrine of good faith could not override an explicit contractual term.

The court awarded partial indemnity costs to Weldan in the amount of $22,199.19.

This case involved two applications heard together concerning an Agreement of Purchase and Sale for a condominium unit.

The purchasers (Deangelis) sought specific performance, while the vendor (Weldan) sought a declaration that the agreement was validly terminated, forfeiture of the deposit, discharge of a Certificate of Pending Litigation, and damages.

The purchasers failed to close the transaction on the agreed-upon date due to a lack of funds, despite the agreement containing a "time of the essence" clause.

The court found no evidence of bad faith on the vendor's part and upheld the vendor's right to terminate the agreement due to the purchasers' anticipatory breach and failure to close.

The court declared the agreement validly terminated, the deposit forfeited, and ordered the purchasers to vacate the property.