Court of Appeal for Ontario

Date: 2018-10-02 Docket: C65256 Judges: Hourigan, Miller and Trotter JJ.A.

Between

James McLaughlin and 2538886 Ontario Inc. Plaintiffs (Appellants)

and

Canadian Service Management Inc. Defendant (Respondent)

Counsel

J. Sebastian Winny, for the appellants

No one appearing for the respondent

Heard: October 2, 2018

On appeal from the judgment of Justice Braid of the Superior Court of Justice, dated April 5, 2018.

Appeal Book Endorsement

[1] The appellants raise two issues. First, they say the motion judge erred by failing to allow credit for rent payments after the respondent failed to close. Second, they say that the motion judge failed to adjust the price to account for wasted legal expenses.

[2] On the first issue, we agree that the motion judge erred in finding there was no authority to make the requested adjustment. It was open to her to do so: Welsh v. Karan, 2018 ONSC 804. However, the motion judge found that there was an inadequate record to calculate the adjustment. This was a reasonable conclusion. We would dismiss this ground of appeal.

[3] With respect to the second issue, we agree with the appellants that the motion judge had authority to make this adjustment and the $10,000 figure was established on the record and reasonable.

[4] The appeal is allowed in part. The motion judge's order is amended to reflect a $10,000 abatement in the purchase price. The respondent shall pay costs of the appeal to the appellant in the all-inclusive sum of $4,385.00.

"C.W. Hourigan J.A."