Shahzad Siddiqui

The court granted summary judgment in favour of the plaintiffs, ordering the return of their deposit for an assignment of a property that was never built.

The defendant was not entitled to retain the deposit or deduct expenses, and the real estate agent (Hometown) was required to return its commission, as the underlying transaction did not close due to the builder's bankruptcy.

The decision turned on the interpretation of the relevant agreements and the application of contract law principles.

The Court of Appeal for Ontario dismissed the appeal by Garlicky Mediterranean Grill Inc., finding no error in the application judge’s conclusion that the appellant’s email correspondence did not amount to the exercise of an option to renew the lease.

The court held that the findings below were entitled to deference and awarded costs to the respondent.

This decision concerns an application under the Partition Act regarding jointly owned property at 63 Hiscock Blvd., Scarborough, Ontario.

The applicant, Syed Azadar Bukhari, sought an order for sale of the property, which was opposed by the respondent, Nadia Muneeb Bukhari, on the basis of the applicant’s failure to contribute to carrying costs and alleged unjust enrichment.

The court reviewed the history of litigation between the parties, including prior judgments establishing joint ownership and financial obligations.

The court found that the applicant’s failure to pay could be remedied by adjustments on sale and did not amount to malicious or oppressive conduct.

The court ordered the sale of the property under supervision, with an accounting to determine amounts owing, and awarded costs to the applicant.

The defendants Nik Handa and Re/Max Realty Services Inc. brought a motion for summary judgment seeking $650,000 in commission from the plaintiff Nadeem Qureshi, related to an aborted real estate transaction where Re/Max acted as Qureshi's agent.

Qureshi brought a cross-motion to dismiss the counterclaim.

The core dispute involved the interpretation of the "To Be Determined" (TBD) commission clause in the Buyer's Representation Agreement (BRA) and whether subsequent agreements (Commission Agreement and revised Co-op Agreement) incorporated a fixed commission amount binding on Qureshi.

The court found that the commission amount was an essential term not sufficiently determined in any contract signed by Qureshi, and the revised Co-op Agreement did not incorporate the Commission Agreement's terms to bind Qureshi for payment.

The defendants' motion for summary judgment was dismissed, and Qureshi's cross-motion was granted.

This appeal arose from a failed commercial real estate transaction where the appellants (buyers) failed to close and alleged fundamental breaches by the respondent (seller).

The motion judge granted partial summary judgment on liability in favour of the seller.

The Court of Appeal dismissed the appellants' motion for fresh evidence and their appeal, affirming the motion judge's finding that the alleged breaches by the seller were not fundamental and that the buyers had breached the agreement by failing to close.

The plaintiff, Namena Corp., brought a motion seeking to strike the statement of defence and counterclaim of Mr. Sivarajah for failing to answer discovery questions, or alternatively, to compel reattendance at discovery and for Rule 30.10 relief for third-party production.

The court denied the motion to strike the pleadings, finding that the defendants' conduct did not warrant such a severe remedy, noting that undertakings had been complied with and some refusals were reasonably defended.

The court ordered Mr. Sivarajah to reattend discovery to answer specific questions regarding bank statements and the identity of a company that performed NPN registrations, but not to recreate master manufacturing documents or disclose tax returns.

The Rule 30.10 motion for third-party production was granted for Health Canada, Omega, and Reva, with a conditional order for Quality.

Costs were awarded to the plaintiff, reflecting divided success and delays caused by both parties.

The plaintiffs accepted the defendants' offer to purchase their residential property for $1,200,000, which required a $40,000 deposit upon acceptance.

The defendants failed to pay the deposit and advised they could not complete the purchase.

The plaintiffs accepted the repudiation and sold the property to another buyer for $1,130,000.

The plaintiffs sued for the $70,000 difference in purchase price.

The court held that the deposit was not a condition precedent to the contract, the defendants breached the agreement, and the plaintiffs reasonably mitigated their damages by selling to the other buyer without re-listing the property.

Judgment was awarded to the plaintiffs for $70,000.

Following the dismissal of the respondent's motion to set aside an undefended trial decision and the granting of the Law Society's request to transfer an action, the court determined costs.

The court rejected the respondent's argument that costs could not be awarded without formal motion records.

The court declined to award costs personally against the respondent's counsel to avoid further delay.

However, the court awarded substantial indemnity costs against the respondent, finding his conduct constituted an abuse of process designed to complicate and delay the proceedings.

Costs were fixed at $3,987.77 for the Law Society and $12,500.00 for the applicant.

The plaintiff vendor brought a motion for summary judgment against the defendant purchaser for breaching an Agreement of Purchase and Sale for a residential property.

The defendant failed to close the transaction after the real estate market declined and she was unable to secure sufficient financing.

The court found no genuine issue for trial, rejecting the defendant's argument that the plaintiff's agent misrepresented the property's value.

Summary judgment was granted, the $60,000 deposit was forfeited, and the plaintiff was awarded $98,936.56 in damages for loss of bargain and carrying costs.

The plaintiff entered into an agreement to purchase a newly built home from the defendant.

After discovering the home would not have a garage door access as expected, the plaintiff sent an angry email threatening litigation.

The defendant treated this as an anticipatory breach, refused to close the transaction, and sold the property to a related charity.

The court found that the plaintiff's email was an idle threat and did not amount to repudiation or a breach of the duty of good faith.

The defendant's refusal to close constituted a repudiation of the contract.

The plaintiff was awarded damages assessed as of the date of breach.

The appellant, Elahe Vahed, appealed a summary judgment decision that found her in breach of an agreement of purchase and sale (APS) for a condominium unit.

The motion judge had ordered the return of deposits to the buyer (Mohmmad Danesh), damages payable by Vahed, and dismissed Vahed's counterclaims against Danesh, her lawyer (Michael Bury), and the realtor (Remax Crossroads Realty Inc.).

Vahed argued that there were genuine issues requiring a trial, particularly regarding the authenticity of a letter extending the closing date and whether her lawyer followed instructions.

She also sought to introduce fresh evidence and appealed the costs award in favour of Re/Max.

The parties disagreed over the form of the formal Judgment arising from previous decisions.

The applicants sought to include specific recitals of all materials filed, while the respondent argued that Form 59B does not require particulars of evidence for applications.

The court approved the applicants' draft Judgment, finding no harm and potential benefit in providing specificity, especially given the context of an ongoing arbitration.

The applicants sought to set aside an arbitrator's rulings in an ongoing shareholder valuation dispute pursuant to s. 46(1) of the Arbitration Act, 1991.

The applicants argued the arbitrator failed to provide adequate reasons for the valuation date, acted unfairly regarding instructions to the valuator, improperly allowed the use of hindsight evidence, and erred in admitting evidence from the respondent's expert.

Applying a reasonableness standard of review, the Superior Court dismissed the application, finding the arbitrator's decisions were reasonable, adequately explained, and did not result in procedural unfairness.

The applicants and respondents were the four directors of a non-share corporation operating a religious seminary.

The corporation faced severe financial difficulties, and the applicants sought to sell its main property to pay off debts.

The respondents refused to consent, resulting in a board deadlock.

The applicants applied for a court order compelling the sale under the court's inherent jurisdiction.

The court dismissed the application, applying the Supreme Court's guidance in Highwood that courts should generally avoid interfering in the internal decision-making of religious organizations, especially where no procedural unfairness is shown and alternative remedies exist.

The appellant purchaser failed to close on an agreement of purchase and sale for a residential property in Mississauga.

After receiving multiple extensions, the appellant ultimately did not close due to inability to obtain mortgage financing.

The respondent vendors resold the property for a lower price and sued for damages.

The motion judge awarded damages for the difference in price plus consequential losses, and ordered forfeiture of the $75,000 deposit without crediting it toward the damages.

On appeal, the court upheld the damages award but reversed the deposit forfeiture issue, holding that the deposit must be credited toward the damages when the vendor suffers a loss from the purchaser's breach.

The plaintiff buyer failed to close a real estate transaction due to an inability to secure financing.

The plaintiff attempted to renegotiate the purchase price and deposit, which the defendant sellers rejected.

The defendants subsequently sold the property to another buyer for $5,000 less and moved for summary judgment to dismiss the plaintiff's action and release the $65,000 deposit to them.

The court granted the motion, finding no bad faith, no failure to mitigate, and no grounds for relief from forfeiture, as the deposit was reasonable and there was no unconscionability.

The plaintiff brought a motion seeking leave to issue a writ of seizure and sale and a notice of garnishment to enforce a 2010 summary judgment against the defendant for a mortgage shortfall.

The original writ had expired in 2016.

The defendant opposed the motion, arguing prejudice due to the plaintiff's nine-year delay in enforcement.

The court granted leave to issue the writ but, exercising its discretion to prevent injustice from the plaintiff's inaction, capped the accrual of interest to three years post-judgment.

A tenant operating a bakery and café sought to terminate its commercial lease and obtain damages following the landlord's failure to repair the HVAC system.

The application judge found the landlord had breached its lease obligations and ordered termination with a trial on damages.

The landlord appealed, arguing procedural unfairness and misinterpretation of the lease.

The Court of Appeal upheld the substantive findings but set aside the award of substantial indemnity costs, finding the application judge erred in excluding the landlord's supplementary affidavit while admitting the tenant's supplementary affidavit without proper consideration of the applicable rules.

The plaintiff vendor brought a motion for summary judgment against the defendant purchasers for failing to close a real estate transaction.

The defendants raised defenses of frustration due to a market drop, delay, misrepresentation, and bribery, all of which were rejected by the court.

The court awarded damages for loss of bargain based on the difference between the contract price and the appraised value.

However, the court refused to enforce a 20% interest rate clause in the standard form agreement, finding it to be a surprisingly onerous term that was not drawn to the defendants' attention.

The appellant sought a motion to review a decision of the motion judge.

The motion judge had heard both the respondent's motion to stay proceedings and the appellant's motion for an extension of time simultaneously.

The Court of Appeal found no reversible error in the motion judge's discretionary order, as the motion judge had reasonably connected his decision on the respondent's motion to his disposition of the appellant's motion.

The motion to review was dismissed with costs fixed at $2,500.00 all-inclusive.