Jonathan Ng

The appellant appealed the dismissal of her action on a summary judgment motion.

The respondent corporation had signed an agreement of purchase and sale with the appellant's brother, which failed to close.

The appellant, who was not a party to the agreement, sued for specific performance and compensation for improvements she made to the property.

The Court of Appeal upheld the motion judge's finding that the appellant had no cause of action, as she was not a party to the contract and any work done prior to closing was at her own risk.

The appeal was dismissed.

Following dismissal of a civil action as res judicata and statute-barred under the Limitations Act, the successful defendant sought costs of the entire proceeding.

The plaintiff argued the requested costs were excessive compared to a prior draft costs outline prepared for an earlier motion.

Applying Rule 57.01 of the Rules of Civil Procedure and s. 131 of the Courts of Justice Act, the court reviewed the parties’ submissions and considered proportionality.

The court found the defendant’s partial indemnity rates reasonable and awarded a reduced lump sum for the action.

Costs were fixed at $7,500 inclusive of disbursements and HST.