2 total
Substantial indemnity costs denied as respondent's conduct was not egregious; $50,000 partial indemnity awarded.
Following a judgment in the applicant's favour, the parties could not agree on costs.
The applicant sought substantial indemnity costs of $75,163.75, arguing the respondent raised unproven allegations of forgery and fraud.
The court found the respondent's conduct did not rise to the egregious level required for substantial indemnity costs, noting the respondent attacked the integrity of non-parties rather than the applicant.
The court awarded the applicant costs of $50,000 on a partial indemnity basis.
Specific performance ordered for a pre-construction condominium assignment agreement after seller attempted to repudiate.
The applicant sought to enforce an assignment agreement for a pre-construction condominium unit in downtown Toronto.
The respondent seller claimed she never accepted the final counteroffer and that the agreement contained fundamental mistakes.
The court found the respondent's evidence lacked credibility and that a binding contract was formed.
The court rectified minor mathematical errors in the agreement and ordered specific performance, finding the property was unique to the applicant's family needs and damages would be inadequate in a rising real estate market.
