Scott Passmore

Following a trial where the plaintiff was granted specific performance and an abatement of the purchase price, the court addressed the issue of costs.

The court found that the defendant's conduct throughout the litigation and trial was egregious, including failing to respond to interlocutory steps, attempting to amend pleadings on the first day of trial, and calling witnesses to provide unpled and unpersuasive evidence.

As a result, the court awarded the plaintiff substantial indemnity costs in the amount of $210,000 inclusive of HST.

The plaintiff brought an action for specific performance of an Agreement of Purchase and Sale for vacant commercial land, with an abatement of the purchase price due to the defendant's failure to install municipal services.

The defendant's Statement of Defence and Counterclaim admitted the plaintiff's entitlement to specific performance, but at trial, the defendant attempted to argue the agreement was null and void.

The court held the defendant to its pleadings, found the plaintiff entitled to specific performance, and granted an abatement of the purchase price based on the estimated cost for the plaintiff to independently service the lands.

The defendant, 2088556 Ontario Inc., brought a motion for an adjournment of a scheduled trial.

The court dismissed the application, citing the defendant's history of delay, non-compliance with court orders, and lack of diligence in preparing for trial, including failing to retain counsel or an expert.

The court found that granting an adjournment would cause significant prejudice to the plaintiff, M & M Homes Inc., whose ability to recover costs was already in doubt due to the defendant's questionable property transfers.