Harold T. Rosenberg

Following the dismissal of the appellant's appeal from a Master's order refusing to add a new party plaintiff, the court determined the quantum of costs.

The successful respondents claimed costs of approximately $19,855 and $15,427 respectively.

The court found these amounts excessive given the brief nature of the appeal and the fact that much of the preparation duplicated work done before the Master.

Costs were fixed at $10,000 inclusive for each of the two groups of respondents.

The appellant defaulted on two mortgages over her home.

The respondent mortgagee issued a notice of power of sale and entered into an agreement of purchase and sale with a third party.

The appellant's application to enjoin the sale was dismissed.

On appeal, the appellant argued there was no admissible evidence of a valid sale and that the sale was a sham at an undervalue.

The Court of Appeal dismissed the appeal, finding adequate evidence of the sale and no evidence of fraud, bad faith, or a sham transaction.

The appellant property owner appealed a Small Claims Court judgment ordering it to pay a real estate commission to the respondent realtor.

The owner had leased a unit to an existing tenant in the plaza shortly after the listing agreement expired, without notifying the realtor of the tenant's interest during the currency of the agreement.

The Divisional Court dismissed the appeal, upholding the trial judge's findings that the owner breached the listing agreement by failing to refer the tenant's inquiry to the realtor, and that the owner could not rely on its own breach to avoid paying the commission.