Jake Newton

A dispute arising from a failed gas station development venture.

The plaintiff invested $350,000 for a 50% interest in a company owning a property in Thorndale, Ontario, with the defendant agreeing to complete development obligations in exchange for a 50% interest for $50.

The relationship deteriorated due to lack of communication and delays.

The defendants sold the property to a third party without the plaintiff's knowledge or authorization.

The plaintiff obtained a certificate of pending litigation and commenced litigation.

The property was eventually returned to the original company.

The court found the defendants liable for oppression and fraud, ordered a shotgun buy-sell arrangement based on independent appraisal, and awarded damages at large.

This costs endorsement follows the successful motion by Batavia Developments Inc. to discharge a certificate of pending litigation.

The plaintiff sought full indemnity costs, relying on a contractual provision and the conduct of the defendant, Mr. Mohsini.

The court found no reason to depart from the contractual term and awarded the full amount sought.

The plaintiffs and defendants entered into an Agreement of Purchase and Sale (APS) for a townhouse.

The defendants failed to make required payments, and the plaintiffs purported to terminate the APS but did not communicate this clearly.

The plaintiffs later resold the property, and the defendants claimed breach and sought return of their deposits.

The court found that the APS was not properly terminated by the plaintiffs, and that by reselling the property, the plaintiffs themselves breached the APS.

The defendants were entitled to the return of their deposits with interest.