A real estate investment management company appealed a trial judge's decision finding that it had repudiated its contract with a real estate broker and his operating company.
The trial judge found that the company had recruited the broker to undertake higher-value transactions in Ottawa but then repudiated the agreement by unilaterally imposing a $10 million ceiling on transactions and reserving transactions above that amount exclusively to its National Retail Investment Group.
The appellate court upheld the repudiation finding, holding that the trial judge correctly applied the legal test and made no palpable and overriding error.
The respondents cross-appealed the costs award, and the appellate court granted leave and allowed the cross-appeal, increasing costs from $40,000 to $111,288 based on the rule 49.10(1) offer to settle.
