George Siotas

The plaintiff, involved in two motor vehicle accidents, accepted Rule 49 offers from two sets of defendants.

The court was tasked with determining the appropriate award of partial indemnity costs and disbursements, and their apportionment between the defendants.

The court fixed partial indemnity costs at $37,500 plus HST and disbursements at $45,000 inclusive of HST, and ordered the defendants to pay these costs equally, rather than proportionally to their settlement offers.

A real estate brokerage sought payment of commission following the sale of a commercial property after termination of a listing agreement.

The plaintiff argued the listing had not been properly terminated and that the purchaser fell within the referral and holdover provisions of the agreement.

The court found the defendant validly terminated the listing agreement by written notice in accordance with its terms and that no oral rescission occurred.

The purchaser was neither introduced to nor shown the property by the brokerage during the listing period and negotiations began only after the listing had ended.

The court held the brokerage was not entitled to commission and dismissed the claim.