Nicole C. Culp

The plaintiffs brought a motion for leave to appeal the order of Master Dash on the issue of costs only.

The Divisional Court granted leave to appeal and allowed the appeal, finding that the Master erred in exercising his discretion with respect to costs against the plaintiffs.

The court noted that a relevant precedent with virtually identical facts had not been brought to the Master's attention.

Costs of $2,500 were awarded to the plaintiffs.

The appellants appealed a Master's decision granting summary judgment in favour of the co-defendants in an action arising from a 2001 motor vehicle accident.

The Divisional Court applied the standard of review from Housen v. Nikolaisen, finding that the Master made no palpable and overriding error of fact and was correct in his application of the law.

The appeal was dismissed with costs awarded to the responding co-defendants.

The appellant real estate agency appealed the dismissal of its claim for commissions against the respondents.

The trial judge found the listing agreement invalid because the agent failed to leave a copy with the vendor, as required by section 35 of the Business Brokers Act.

The Divisional Court dismissed the appeal, finding no palpable or overriding error in the trial judge's factual findings.

However, the Court noted the trial judge erred in concluding that failure to post the listing on MLS within two days invalidated the agreement, and that agents are required to verify a vendor's authority or sole ownership before signing a listing agreement.