Patrick Martin

The plaintiff purchaser brought a motion for summary judgment seeking the return of a $300,000 deposit and delayed closing compensation following a failed pre-construction real estate transaction.

The purchaser argued the vendor breached the Tarion Addendum by improperly setting closing dates and failing to obtain an occupancy permit.

The court found that the vendor's notices complied with the Tarion Addendum and that the agreement placed the obligation to obtain the occupancy permit on the purchaser.

The court concluded that the purchaser failed to close the transaction and ordered the $300,000 deposit forfeited to the vendor.

The appellants appealed an arbitration award, arguing the arbitrator lacked jurisdiction and erred by proceeding in their absence after they refused to execute the arbitration agreement and did not attend the hearing.

The Superior Court of Justice dismissed the appeal, finding that the arbitrator correctly proceeded under section 27(3) of the Arbitration Act.

The court held that any jurisdictional objection must be raised before the arbitrator at the beginning of the hearing, which the appellants failed to do.

During a case conference in a long-standing civil proceeding, the court addressed procedural delays relating to pending appellate proceedings and non-compliance with orders from the Court of Appeal.

Acting as case management judge, the court fixed a timetable for a motion by an insurer to strike the statement of claim.

The court scheduled the motion hearing and a further case conference to address procedural issues potentially affecting the hearing date.

Directions were also provided concerning the procedure and deadline should the self-represented plaintiff pursue a motion for judicial recusal.