Ryan M. Kerr

Following a successful summary judgment motion in an abortive real estate transaction, the plaintiffs sought partial indemnity costs of $35,668.79.

The defendant requested a stay of the costs assessment pending the resolution of crossclaims and third-party claims, or alternatively, a reduction in the quantum.

The court dismissed the request for a stay, finding the main action was concluded.

The court awarded the plaintiffs their requested costs, noting the amount was reasonable and within the defendant's expectations, as evidenced by the defendant's own costs outline of $43,670.00.

The plaintiffs (purchasers) brought a motion for summary judgment for the return of their $60,000 deposit after an abortive real estate transaction, and for the dismissal of the defendant vendor's counterclaim for breach of contract.

The agreement of purchase and sale was conditional on financing and review of a status certificate.

The conditions were not waived in writing by the deadline, rendering the agreement null and void.

The vendor argued the purchasers waived the conditions by their conduct.

The court granted summary judgment, finding no genuine issue requiring a trial, as the conditions were not waived and the purchasers made no misrepresentations.

The deposit was ordered returned and the counterclaim dismissed.