Jizi Chen

This costs endorsement follows the dismissal of the appellant’s appeal.

The Court of Appeal for Ontario considered the parties’ written submissions on costs.

The respondents sought full recovery of $19,300.40, citing the appeal as unnecessary and the appellant’s arguments as unrelated to the application judge’s reasoning.

The appellant submitted that $5,000 would be reasonable and proportionate, noting their own bill of costs was $15,171.20.

The court found no basis for an elevated costs award but determined the appellant’s suggested amount was too low.

The respondents were awarded $11,500, all-inclusive, on a partial indemnity basis.

The Court of Appeal for Ontario dismissed the appeal by Sa Yan and Royal LePage Signature Realty regarding the return of a $60,000 deposit following the termination of an assignment of an agreement of purchase and sale.

The court upheld the application judge’s finding that the respondents, Christine Yui and Michelle Yui, properly exercised a lawyer approval condition to terminate the agreement and were entitled to the return of their deposit.

The court also declined to vary the order to include pre- and post-judgment interest, as the respondents had not brought a cross-appeal.