Glenn Michael Brandys

The Kriesers appealed a trial judgment that dismissed their claims for construction deficiencies and breach of fiduciary duty, and granted judgment to the respondents for outstanding invoices.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's determination that the Kriesers breached the contract by withholding payments, which disentitled them to warranty claims, and that there was insufficient evidence for the remaining deficiency claims.

The court also upheld the finding that no fiduciary relationship existed between the parties, and affirmed the trial judge's cost award.

This decision addresses the issue of costs and pre-judgment interest following a 29-day trial concerning a dispute over the construction of a luxury custom home.

The court's prior reasons (2023 ONSC 2015) found the owners (the Kriesers) breached contracts with the builder/landscaper (the GES defendants), dismissing the Kriesers' claims and awarding outstanding amounts to the GES defendants on their counterclaim.

The GES defendants sought substantial indemnity costs and pre-judgment interest.

The court fixed pre-judgment interest, reducing it for periods of delay attributable to the GES defendants and the COVID-19 pandemic.

For costs, the court awarded the GES defendants partial indemnity costs up to their Rule 49 Offer to Settle date (November 22, 2016) and then blended costs thereafter, reflecting their complete success in the action and counterclaim.

The court declined to award substantial indemnity costs throughout, finding the Kriesers' allegations did not warrant it, and made minor adjustments for costs related to mid-trial adjournments and new counsel familiarization.

The Kriesers sued Gregory Evan Seligman and his companies (G.E.S. Construction Limited, Greenstone Gardens Inc., etc.) for breach of contract, breach of fiduciary duty, breach of duty of good faith, punitive damages, trespass, and intimidation related to the construction of a luxury custom home.

The defendants counterclaimed for unpaid accounts.

The court found that the Kriesers breached the construction and landscaping contracts by failing to make timely and sufficient payments.

All claims brought by the Kriesers were dismissed, and the counterclaims by G.E.S. Construction Limited and Greenstone Gardens Inc. for outstanding amounts were granted.

The appellant, Previn Homes, appealed a lower court decision that found it breached an agreement of purchase and sale for a new home.

The core issue was whether the parties could contractually extend the closing date outside the strict framework of the Tarion Addendum, which governs new home warranties.

The Court of Appeal found that non-compliant amendments to critical dates under the Tarion Addendum are voidable at the purchaser's option, not automatically invalid.

Since the purchaser (Ingarra) did not void the agreed-upon extension, the vendor (Previn Homes) was entitled to terminate the agreement when the purchaser failed to close on the extended date.

The appeal was allowed, dismissing the purchaser's application.

The appellant appealed from a trial judge's orders relating to the division of net family property and spousal support in a family law matter.

The principal issues were: (1) whether the trial judge erred in discounting a $5,000,000 promissory note by 90% for equalization purposes, where the note was signed on behalf of the appellant's holding company in favour of his parents for a condominium project loan; and (2) whether the trial judge erred in awarding indefinite spousal support.

The Court of Appeal upheld both decisions, finding that the trial judge properly applied the law regarding contingent liabilities and exercised reasonable discretion in awarding indefinite spousal support based on the respondent's health issues and the compensatory nature of support.

The Ontario Superior Court of Justice approved a class action settlement, honoraria for representative plaintiffs, and class counsel's legal fees after eight years of litigation, including trials and appeals.

The class action arose from misrepresentations by George Brown College regarding industry designations for its International Business Management Program.

The settlement provides $2.725 million to 108 class members, covering direct costs and a portion of foregone income, and was deemed fair, reasonable, and in the best interests of the class.