Garth Bleier Dingwall

The court granted the motion by the defendants Mario Cortis and MediHub International Inc. for security for costs, ordering $80,000 to be posted by the plaintiff, John Davis, but stayed the order for 90 days due to evidence that Davis may imminently return to Ontario.

The decision reviews the legal test for security for costs, the relevance and admissibility of new evidence, and the balancing of interests between the parties.

The court found that Davis had not demonstrated that an order for security for costs would be unjust, and that the amount sought by the defendants was excessive, setting a lower amount.

The ruling also addresses delay, bad faith allegations, and the complexity of the case.

The vendors appealed a judgment granting specific performance of an Agreement of Purchase and Sale for residential property in Ajax, Ontario.

The vendors had breached the agreement by failing to provide vacant possession on the closing date.

The sole ground of appeal was that the purchaser's delay of 17 months before commencing the application disentitled him from obtaining specific performance.

The Court of Appeal upheld the application judge's decision, finding no palpable and overriding errors in the factual findings regarding the property's uniqueness, the inadequacy of damages as a remedy, the reasonableness of the delay in the circumstances, and the absence of hardship to the vendors.

This endorsement addresses the issue of costs following a trial where there was divided success between the parties.

The Defendants sought costs on a partial indemnity basis, arguing they were the successful parties as they recovered compensation and secured protection from mortgage liability.

The Plaintiff also sought costs.

The court agreed that the Defendants were the successful parties for the purpose of costs but adjusted the amount claimed by the Defendants downwards.

The court awarded costs, including disbursements and taxes, to the Defendants in the amount of $45,000, to be paid by the Plaintiff.