L. Levine

The plaintiff real estate agent and brokerage sued the defendant homeowners and their neighbour for unpaid commission on the sale of a multimillion-dollar property.

The homeowners had signed multiple listing agreements but ultimately sold the property privately to a buyer introduced by the neighbour.

The court found that the buyer was introduced to the property during the term of the second listing agreement, triggering the holdover clause, and that a valid offer was made during the term of the third listing agreement.

The court also found that the neighbour induced the homeowners to breach their contract with the plaintiffs.

The plaintiffs were awarded the full commission amount.

The plaintiffs' home was severely damaged by a fire while undergoing renovations.

The plaintiffs alleged the fire was caused by the spontaneous combustion of stain-soaked rags left by the defendant painting subcontractor, and sought to hold the general contractor vicariously liable.

The court found that the plaintiffs failed to prove the cause of the fire on a balance of probabilities, accepting the painter's evidence that he did not leave rags in the home and noting that electrical arcing could not be ruled out as a cause.

The court declined to draw an adverse inference against the defendants for failing to call another fire investigator.

The action was dismissed, though damages were assessed at $1,348,939.91 in the alternative.