Court of Appeal for Ontario

CITATION: Bilotta v. Booth, 2020 ONCA 658

DATE: 20201016

DOCKET: C67721

Huscroft, Zarnett and Coroza JJ.A.

BETWEEN

Carmine Bilotta and Rosina Bilotta

Applicants/Respondents by Counter-Application

(Respondents)

and

Kimberly June Booth and Donald James Booth

Respondents/Applicants by Counter-Application

(Appellants)

Counsel:

Christopher Lee, for the appellants

Julian Binavince, for the respondents

Heard: in writing

On appeal from the orders of Justice Howard Leibovich of the Superior Court of Justice, dated October 21, 2019, with reasons reported at 2019 ONSC 5956.

ADDENDUM

[1] In our decision dated 25 August, 2020 the court resolved the amount of damages owed to the Booths as follows:

[28] The Booths are entitled to damages representing the difference between the contract price and the amount they realized on resale of the house. The application judge found that difference to be $100,000. The $30,000 deposit is to be credited against that amount: see Azzarello v. Shawqi, 2019 ONCA 820, at paras. 49 to 55.

[2] However, the court was not able to resolve the amount of consequential damages. The court stated:

[29] The application judge made no findings concerning the Booths’ claim for consequential losses of $28,536.21 and it is not clear whether these losses are contested. I would encourage the parties to agree on the amount of consequential losses owing. If they cannot do so, they may make brief 3-5 page submissions, along with supporting documentation, to this court by September 18, 2020.

[3] The Booths filed documentation establishing consequential losses of $28,536.64. The Bilottas acknowledge that the amounts claimed are reasonable. The parties were not asked for submissions concerning the damages calculation set out in paragraph 28 of the August 25, 2020 decision and there is no basis for the court to revisit it.

[4] Accordingly, the Bilottas shall pay $28,536.64 in addition to the damages set out in paragraph 28 of the August 25, 2020 decision, together with pre-judgment interest from July 20, 2018.

[5] Counsel advised the court that they have reached an agreement on costs. Accordingly, there is no order as to costs.

“Grant Huscroft J.A.”

“B. Zarnett J.A.”

“S. Coroza J.A.”