Bruce Batist

The Court of Appeal for Ontario issued a costs endorsement following an appeal.

The principal respondents were awarded costs of $50,000 on a substantial indemnity basis.

The respondent Cushman & Wakefield Ltd. was awarded costs of $10,000 on a partial indemnity basis.

The appellant condominium corporation appealed a summary judgment dismissing its action against the respondents for allegedly causing it to overpay for surface rights to a parking garage.

The Court of Appeal dismissed the appeal, finding that the action was statute-barred by the two-year limitation period.

The Court held that the appellant had all relevant information by August 1, 2008, when a new purchaser took control of the board, but did not commence the action until November 8, 2010.

The Court also rejected the argument that the 10-year limitation period under the Real Property Limitations Act applied, as the claims were framed in tort, contract, and breach of duty.