Sean G. Foran

The court awarded the Applicants partial indemnity costs in the amount of $88,743.94 after finding that the Respondent developer was not entitled to charge certain adjustment amounts on closing under the agreements of purchase and sale.

The court found the Developer's conduct increased costs but did not rise to the level warranting substantial indemnity.

The decision reviews the appropriate scale and quantum of costs, referencing the Developer's failure to provide information and the resulting bifurcation of the proceeding.

The applicants, purchasers of units in a townhouse complex, sought a declaration that the developer was not entitled to charge them certain adjustment amounts on closing under their agreements of purchase and sale.

The court found that the developer was not entitled to pass on utility infrastructure costs paid to contractors, trades, and other third parties, but only those paid to the municipality or utility service providers, and for meter installation.

The court also found the developer was not entitled to charge $800 for an extension of the closing date.

The application was granted, and a reference on damages was directed.

The plaintiffs brought a motion to set aside an administrative dismissal and a motion for contempt against Susan Stevens for breaching court orders related to the disposition of a recreational vehicle (RV) subject to a Mareva injunction.

The court found that the orders were clear and unequivocal, that Ms. Stevens had actual knowledge of them, and that she intentionally breached them by selling the RV.

The court found Ms. Stevens in contempt, ordered her to provide documentation and pay over the proceeds, and adjourned the penalty phase to allow her an opportunity to purge her contempt.

An appeal concerning the enforceability of a termination clause in an employment contract.

The employer appealed a summary judgment decision finding the termination clause void and unenforceable.

The clause contained a "four-week benefits" provision that conflicted with the Employment Standards Act minimum notice requirements for long-term employees.

The Court of Appeal upheld the lower court's decision, finding the clause void both because it contravened the ESA at the outset and because it contained genuine ambiguity regarding the application of statutory minimums.

The Plaintiff sought damages for wrongful dismissal and unpaid commissions.

Both parties brought motions for summary judgment.

The Defendants sought dismissal of the action or alternative judgment for a small amount.

The Plaintiff brought a cross-motion for partial summary judgment on wrongful dismissal damages.

The court found the termination provision in the Plaintiff's employment contract void and unenforceable due to potential non-compliance with the Employment Standards Act, 2000, entitling the Plaintiff to common law reasonable notice, which was fixed at five months.

The Defendants' motion for summary judgment on the commission claim and enforceability of the "Entire Agreement Clause" was dismissed, as genuine issues requiring a trial remained due to insufficient evidence regarding the parties' intentions and the unconscionability of the clause.

This is a costs endorsement following a Rule 21 motion brought by Cams Atlas, LLC ("Cams") to dismiss counterclaims by Water Exchange, Inc. ("Water") and Tech Sonic International, Inc. ("Tech").

Cams' motion against Water was granted after Water conceded the point, but only after Cams had fully prepared.

Cams' motion against Tech was dismissed, as Tech's counterclaim was closely related to its defense.

The court found Tech entitled to costs for successfully defending the contentious part of the motion, while Cams was entitled to some costs against Water for the late concession.

The judge fixed costs, ordering Cams to pay Tech $16,000, inclusive of fees, disbursements, and HST, after considering the complexity, importance of issues, and reasonable expectations of the parties.