Sarah Berhane

The plaintiff developer brought a motion for default judgment after the defendant purchaser failed to close a real estate transaction for a residential property.

The defendant's pleadings were previously struck and he was noted in default.

The court found the plaintiff proved the breach of contract and its damages, which included the difference between the original purchase price and the resale price, plus carrying costs and interest, less the deposit.

The court granted default judgment in the amount of $267,736.27 plus costs on a partial indemnity basis.

The plaintiff developer brought a motion for summary judgment against the defendant purchaser for failing to close an agreement of purchase and sale for a new home.

The defendant argued he did not understand the agreement and suffered financial hardship.

The court found no genuine issue requiring a trial, as the defendant failed to close and the agreement was binding.

Summary judgment was granted to the plaintiff for $316,134.54, representing the difference in sale price, carrying costs, and interest, minus the forfeited deposit.

The moving party brought a motion for leave to appeal an earlier order.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding party in the amount of $2,500.

The plaintiff brought an action for damages for breach of contract arising from a failed real estate transaction.

A summary judgment motion was originally scheduled for April 2020 but was delayed due to the Covid-19 pandemic.

The parties attended a case conference to set a new date and establish a timetable.

The court scheduled the motion for a full day on April 27, 2021, and set out a consent timetable for documentary discovery, expert reports, mediation, cross-examinations, and factums.

The plaintiff vendor brought a default judgment motion after the defendant purchaser failed to close on a new home purchase agreement and was noted in default.

The court held the motion could proceed ex parte because the defendant had notice and a fair opportunity to respond, including an opportunity to move to set aside the noting in default.

On the admitted facts and affidavit evidence, the court found a breach of the agreement of purchase and sale and awarded damages consisting of the resale price differential, contractual legal fees, carrying costs, administrative fees, and contractual interest.

Substantial indemnity costs were refused because the defendant's conduct was not sufficiently reprehensible, and partial indemnity costs were awarded.

The Plaintiff sought summary judgment for a claim arising from an aborted home sale.

The Defendant failed to comply with a court-ordered timetable for motion materials, submitting key documents, including an appraisal report and an admission of liability, the night before the scheduled hearing.

This non-compliance necessitated an adjournment.

The Plaintiff requested strict terms, including security for the claim and costs, citing concerns about asset disposition.

The court granted the adjournment but declined to order security for the claim or costs, instead imposing an injunction preventing the Defendant from disposing of or encumbering assets or incurring new debt, except for ordinary living expenses.

The Defendant was also ordered to pay $4,500 in costs for the adjournment and wasted preparation.

The defendant brought a motion seeking an order requiring the plaintiff to post security for costs.

The plaintiff opposed, arguing it was impecunious and that its financial state was caused by the defendant's actions.

The court found the plaintiff failed to meet the high evidentiary threshold to prove impecuniosity, noting significant gaps and contradictions in the financial disclosure regarding the plaintiff's sole shareholder and related companies.

The motion was granted, and the plaintiff was ordered to post security for costs in tranches and pay costs of the motion.