Peter Lulic

The plaintiff vendor brought a motion for summary judgment against the defendant purchasers for anticipatory breach of an Agreement of Purchase and Sale for a pre-construction residential property.

The defendants failed to close the transaction, alleging an oral agreement that the property would be assigned prior to closing for a profit.

The court found no genuine issue requiring a trial, as the defendants failed to provide evidence of the alleged oral agreement or misrepresentations by the plaintiff's agent.

The court also found the plaintiff reasonably mitigated its damages by reselling the property.

Summary judgment was granted, the defendants' counterclaim was dismissed, and a stay of execution pending a third-party claim was denied.

Following a successful trial for breach of contract regarding a real estate joint venture, the plaintiff sought costs.

The plaintiff had made a formal offer to settle that was lower than the trial judgment.

Applying Rule 49.10, the court awarded partial indemnity costs up to the date of the offer and substantial indemnity costs thereafter.

The court found the claimed hours and rates reasonable and ordered the defendant to pay $45,757.27 in costs.

The defendant brought a motion to stay the plaintiff's action, arguing that New Brunswick, not Ontario, was the proper jurisdiction.

The plaintiff, an Ontario corporation, sued the defendant for breach of contract and wrongful misappropriation arising from a transportation agreement and unpaid invoices.

The court applied the Van Breda test and found that the defendant was domiciled or resident in Ontario, carried on business in Ontario, and the contract was likely made in Ontario.

The court concluded there was a real and substantial connection to Ontario and the defendant failed to demonstrate that New Brunswick was a clearly more appropriate forum under the doctrine of forum non conveniens.

The motion was dismissed.