Rick D. Simmons

The plaintiff, an unregistered real estate salesperson, sued the defendant brokerage for unpaid commissions.

The court found that the plaintiff had performed services in connection with trades in real estate, but his claims for breach of contract, unjust enrichment, quantum meruit, and wrongful dismissal were barred by section 9 of the Real Estate and Business Brokers Act, 2002, which prohibits actions for remuneration by unregistered persons.

Although the action was dismissed, the court ordered the successful defendants to pay the plaintiff's full indemnity costs due to their reprehensible conduct in hiring an unregistered person and needlessly prolonging the litigation.

Following a trial where the plaintiff was awarded $565,000 in damages against the estate of her deceased former spouse, the plaintiff sought costs.

The court found that the executor of the estate engaged in reprehensible and reckless conduct, advancing groundless defences to harass the plaintiff and dissipate estate assets.

The court ordered the executor to personally pay the plaintiff's costs on a solicitor-client scale, fixed at $141,310 plus disbursements.

This decision addresses two consolidated proceedings.

The plaintiff, Julie Craven, sought substantial damages from the Estate of Andrew Peter Osidacz for a series of violent acts, including assault, the wrongful death of their son Jared, and attempted murder.

Additionally, Ms. Craven claimed that Michael Osidacz, as the estate trustee, breached his fiduciary duties by unreasonably defending the estate, leading to the dissipation of assets.

The court assessed damages for Ms. Craven, awarding her $565,000.00, and found the estate trustee personally liable to reimburse the estate for $71,277.98 in legal costs due to his imprudent and hostile litigation strategy.