This costs endorsement arises from a failed real estate transaction that proceeded to a two-day summary trial under the simplified procedure.
The plaintiff, Anthony Gyimah, sought rescission and damages after the transaction with the Church failed to close due to a dispute over key delivery.
The Church counterclaimed for specific performance or damages.
The court found both parties partially successful but awarded the plaintiff the majority of his claim, with a small damages award to the Church.
The court considered the conduct of both parties in determining costs, ultimately awarding the plaintiff partial indemnity costs against the Church, and substantial indemnity costs to Mr. Lehoux, but in a reduced amount.
The court also addressed the appropriate rate and period for prejudgment interest.
