Gregory P. Weedon

Rosemont brought an application against Cityzien and Mr. Faraci regarding an abortive real estate transaction and property management dispute.

Rosemont and Cityzien reached a partial settlement, which was negotiated by a Cityzien director without the required unanimous shareholder approval.

Rosemont moved to enforce the settlement, while Mr. Faraci moved to permanently stay the application against him, arguing that the failure to promptly disclose the settlement—which changed the litigation landscape by aligning Rosemont and Cityzien against him—constituted an abuse of process.

The court refused to enforce the settlement, finding it unauthorized and improvident, and granted the stay against Mr. Faraci, holding that the delayed disclosure of the settlement was an abuse of process.

The plaintiffs brought a motion for summary judgment seeking damages after the defendant failed to close on an agreement of purchase and sale for a residential property.

The property was originally sold for $1,450,000 but, following the breach, was resold for $1,120,000.

The defendant argued the plaintiffs failed to mitigate their damages by including an 'as is' clause in the second listing.

The court rejected the defendant's expert evidence regarding the property's value and found the plaintiffs acted reasonably in mitigating their damages.

Summary judgment was granted in favour of the plaintiffs for $250,442.08, representing the difference in sale price plus carrying costs and legal fees.