The respondent real estate agent obtained an offer to purchase a property, which triggered a right of first refusal by the vendor's minority shareholders.
The minority shareholders purchased the property, and the appellant brokerage received the commission.
The trial judge found that under the Independent Contractor Agreement and the custom of the trade, the respondent was entitled to 50% of the commission.
The Court of Appeal upheld this finding, dismissed the appellants' argument regarding unjust enrichment against another agent, and upheld the trial judge's costs order.
The appeal was dismissed.
