Giorgio Beghetto

This motion concerned the interpretation and enforcement of a consent Final Order regarding the sale of a matrimonial home and the Applicant's Right of First Refusal (ROFR).

The Applicant sought to transfer the Respondent's interest in the home to her, asserting she validly exercised her ROFR based on a "realistic offer" as defined in the Final Order.

The Respondent cross-moved to re-list the home, arguing no "realistic offer" was received and that the parties had repudiated the original sale terms by jointly retaining two realtors.

The court found that the Final Order's terms were modified by mutual agreement to accommodate two realtors, and that a recommendation to accept the offer was made, triggering the ROFR.

The court also determined the Applicant validly exercised her ROFR before the offer expired.

Following a Court of Appeal order, the Superior Court of Justice conducted a trial of an issue to determine the value of the plaintiff's townhouse as a two-storey unit versus a three-storey unit as of December 2, 2014.

The plaintiff had purchased the unit believing it was three storeys, but the third floor was illegally built into the common element space.

The court evaluated competing expert appraisal evidence, ultimately preferring the plaintiff's expert who conducted a thorough inspection and appropriately applied the direct comparison approach.

The court fixed the plaintiff's damages for the loss of the third floor at $465,000.