Court of Appeal for Ontario

Regional Group of Companies Inc. v. Assaly Construction Limited

Date: 2002-02-21

Counsel: Charles L. Merovitz, for the appellants; No counsel listed for the respondents.

(Court File No. C34616)

[1] By the Court: This appeal is with respect to the dismissal of a claim for real estate commission on the sale of an apartment building.

[2] The trial judge made two findings of fact which are crucial to this appeal.

[3] Firstly, he found that the respondents had not deliberately delayed to make a deal in order to avoid paying the commission. Secondly, he found that the final offer was a separate and discreet transaction and not an extension or delayed step of the November 2, 1995 negotiations.

[4] With respect to the first finding, the trial judge accepted the evidence of the respondents as he was entitled to do. This finding is not being attacked.

[5] With respect to the second finding, there was evidence that in early November there was no deal. On the appellants' own evidence (Aliferis) "the price was not there". Efforts continued to be made to sell the property after November 2, 1995. A new offer with conditions was made in January 1996 which was unacceptable to the purchaser. Moreover, the bank was exerting pressure on the respondents, it was ascertained that the debt owing on the property was less than anticipated and a lower price was accepted in the final offer.

[6] In our view, these two findings of the trial judge are well supported by the evidence and are fatal to this appeal.

[7] Accordingly, the appeal is dismissed with costs fixed at $10,000.00 inclusive of G.S.T.

Appeal dismissed.