Obaidal Hoque

The court considered costs following summary judgment in a real estate transaction dispute.

The plaintiff was awarded $256,208.54 plus pre-judgment interest.

The plaintiff sought costs on a partial indemnity basis, while the defendants argued the costs were excessive.

The court reviewed the relevant statutory and common law principles, including proportionality and indemnity, and fixed costs at $15,000, inclusive of HST and disbursements, to be paid by the defendants to the plaintiff.

The court granted summary judgment in favour of the plaintiff, Victoria Adeniji, for damages arising from the defendants' failure to complete a residential real estate transaction.

The defendants claimed they were entitled to rescind the contract due to alleged material misrepresentations in the MLS listing, but the court found that any misstatements were not material and did not induce the defendants to enter the agreement.

The court held that the defendants breached the agreement and awarded damages based on the difference between the contract price and the resale price, plus carrying costs, with a set-off for the deposit.

The defendants sought an adjournment of a summary judgment motion in a real estate transaction dispute.

The court denied the adjournment, finding that the defendants failed to act with reasonable diligence in obtaining non-party evidence and that the sought-after evidence from real estate agents was not relevant to the issues on the motion, particularly regarding alleged misrepresentations and mitigation.

The court emphasized the importance of adhering to timetables and the need for relevance in seeking evidence.