C. Neil

Following an application where the applicant successfully obtained a declaration that an agreement of purchase and sale was terminated by the respondents' breach, the parties could not agree on costs.

The applicant sought over $26,000 on a substantial indemnity basis, relying on a Rule 49 offer.

The court declined to apply Rule 49.10 consequences because the applicant was not wholly successful, as damages and deposit forfeiture remained to be determined at a summary hearing.

Applying the principles of fairness, reasonableness, and proportionality, the court awarded the applicant $15,000 in costs on a partial indemnity basis.

The applicant vendor sought a declaration that the respondent purchasers repudiated an agreement of purchase and sale for a new home, and that the vendor was entitled to resell the property.

The purchasers brought a counter-application seeking specific performance or damages, alleging the vendor breached the agreement by unilaterally setting closing dates contrary to the Tarion Addendum.

The court found that the vendor properly extended the closing dates due to unavoidable delays caused by the COVID-19 pandemic, in compliance with the Tarion Addendum.

The purchasers failed to close on the agreed date, entitling the vendor to terminate the agreement.

The court granted the vendor's application to remarket the property and dismissed the purchasers' counter-application, adjourning the issue of deposit forfeiture to a summary hearing on damages.

The plaintiffs brought a motion for partial summary judgment for rent arrears and unpaid utility accounts under a commercial lease, and to dismiss the defendant's counterclaim for conversion of chattels.

The court granted partial summary judgment for the rent and utilities, finding no genuine issue for trial as the defendant failed to address these claims in its materials.

However, the court refused to dismiss the counterclaim, finding it raised a triable issue.

The court stayed the execution of the summary judgment pending the counterclaim, on the condition that the defendant pay the judgment amount into court.