Charles Guilbault

The appellant, Stayside Corporation Inc., appealed a summary judgment dismissing its action for specific performance of an agreement to purchase land.

The agreement was conditional on the severance of a 50-acre parcel, which the appellant was responsible for pursuing.

The motion judge found that the appellant had repudiated the agreement by failing to diligently pursue the severance application, despite multiple extensions.

The Court of Appeal upheld the motion judge's finding of anticipatory breach, applying the factors from Spirent Communications of Ottawa Limited v. Quake Technologies (Canada) Inc., and dismissed the appeal, awarding costs to the respondents.

This endorsement addresses two motions heard by a motions judge of the Court of Appeal for Ontario.

The appellant, Stayside Corporation Inc., sought leave for its president, Charles Guilbault, to represent the corporation in its appeal against a summary judgment.

The respondents, Cyndric Group Inc. and Richard Menard, sought security for costs.

The court granted Stayside's motion for representation, finding it in the interests of justice to allow the appeal to proceed as scheduled.

The court dismissed the respondents' motion for security for costs, deeming it unjust due to the significant delay in bringing the motion, noting that most appeal costs had already been incurred and an order would effectively deprive the appellant of its day in court.