D. Awad

The plaintiff real estate agent and brokerage sued the defendant homeowners and their neighbour for unpaid commission on the sale of a multimillion-dollar property.

The homeowners had signed multiple listing agreements but ultimately sold the property privately to a buyer introduced by the neighbour.

The court found that the buyer was introduced to the property during the term of the second listing agreement, triggering the holdover clause, and that a valid offer was made during the term of the third listing agreement.

The court also found that the neighbour induced the homeowners to breach their contract with the plaintiffs.

The plaintiffs were awarded the full commission amount.

At an urgent case conference days before a peremptory 10-day non-jury trial, the defendants requested the trial proceed virtually due to the COVID-19 pandemic and defence counsel's heightened health risks.

The plaintiffs opposed, arguing that credibility issues and the need for an interpreter required in-person viva voce testimony.

The court applied Rule 1.08 of the Rules of Civil Procedure and ordered the trial to proceed by videoconference, emphasizing the need to keep matters moving during the pandemic and the unacceptable risk of forcing attendance contrary to medical advice.