ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: SR 782-2012
DATE: 2015/12/03
L’Orignal, Ontario
BETWEEN:
CHRISTIAN MÉNARD
Plaintiff
– and –
GREGORY PARSONS and JENNIFER FEENY
Defendants
AND BETWEEN:
GREGORY PARSONS and JENNIFER
FEENY
Plaintiffs by Counterclaim
– and –
CHRISTIAN MÉNARD, LILIANE MÉNARD, also known as LILIANE
LALONDE, LAURIE COVEDUCK, DAVE COVEDUCK, and ROYAL
LEPAGE REALTY INC.
Defendants by Counterclaim
Jonathan P. Collings, Manou Ranaivoson for the Plaintiff
James L. MacGillivray, for the Defendants
James L. MacGillivray, for the Plaintiffs by Counterclaim
Christopher Hart, Jonathan P. Collings, Manou Ranaivoson, for the Defendants by Counterclaim
AND BETWEEN:
CHRISTIAN MÉNARD and LILIANE
MÉNARD, also known as LILIANE LALONDE
Plaintiffs by Crossclaim
– and –
LAURIE COVEDUCK, DAVE COVEDUCK, and ROYAL LEPAGE TEAM REALITY INC.
Jonathan P. Collings, Manou Ranaivoson for the Plaintiffs by Crossclaim
Christopher Hart , for the Defendants by Crossclaim
Decision on costs and addendum to October 19, 2015 decision
MARANGER J.
[1] This trial arose as a result of a failed real estate transaction between the plaintiff vendor and the defendant purchasers.
[2] On November 7, 2011, Gregory Parsons and Jennifer Feeney entered into an agreement of purchase and sale with Christian Ménard to buy his land and home located at 1075 St. Pierre Road, Embrun, Ontario. The agreed upon purchase price was $420,000. The transaction was scheduled to close on March 9, 2012.
[3] The purchasers by letter dated February 23, 2012, advised the vendor that they were not going to go through with the transaction.
[4] Christian Ménard ultimately sold the home and property on September 20, 2012, for $330,000.
[5] The vendor sued the purchasers for the difference in what he expected to receive and what he did receive when the property was finally sold as well as other miscellaneous expenses. The agreed-upon damages being claimed by the plaintiff vendor is $100,000. The defendant purchasers have counterclaimed for approximately $6,500.
[6] The original action included the common-law spouse of Christian Ménard, the real estate agents and their company. These parties were let out of the action prior to the commencement of the trial.
[7] The trial lasted three days.
[8] The defendants were successful in resisting the plaintiff’s claim for the $100,000, and were successful in obtaining a portion of their counterclaim.
[9] They are clearly entitled to an award of costs.
[10] In my view the appropriate costs disposition is the sum of $30,000 all-inclusive payable by the plaintiff to the defendants. Based upon the following:
• The Ontario Court of Appeal decision of Boucher v. Public Accountants Council for the Province of Ontario et al. 2004 14579 (ON CA), 2004, 71 O.R. (3d) 291 at p. 299 where the Court indicated as follows:
“Overall as this Court has said, the objective is to fix an amount that is fair and reasonable for the unsuccessful party to pay in the particular proceeding rather than an amount fixed by the actual costs incurred by the successful litigant.”
• Rule 57.01 of the Rules of Civil Procedure particularly: (o.a) (o.b),(a),(c).
• The amount of time expended in relationship to the trial, and the bill of costs filed by each counsel for the Defendants
[11] The costs are payable forthwith.
[12] In my decision of October 19, 2015 I omitted to deal with the $1000 deposit held by the real estate company representing the vendor. The $1000 deposit is ordered to be returned to the defendant purchasers as part of my judgment and as part of the rescission of the contract.
Maranger J.
Released: December 3,2015
COURT FILE NO.: SR 782-2012
DATE: 2015/12/03
L’Orignal, Ontario
CHRISTIAN MÉNARD
Plaintiff
– and –
GREGORY PARSONS and JENNIFER FEENY
Defendants
AND BETWEEN:
GREGORY PARSONS and JENNIFER
FEENY
Plaintiffs by Counterclaim
– and –
CHRISTIAN MÉNARD, LILIANE MÉNARD, also known as LILIANE
LALONDE, LAURIE COVEDUCK, DAVE COVEDUCK, and ROYAL
LEPAGE REALTY INC.
Defendants by Counterclaim
AND BETWEEN:
CHRISTIAN MÉNARD and LILIANE
MÉNARD, also known as LILIANE LALONDE
Plaintiffs by Crossclaim
– and –
LAURIE COVEDUCK, DAVE COVEDUCK, and ROYAL LEPAGE TEAM REALITY INC.
Released: December 3, 2015