Stephen Brunswick

The parties entered into Agreements of Purchase and Sale where the applicants sold two apartment buildings to the respondent developer in exchange for cash and 100 rental units in the new condominium development.

The City of Toronto required a Section 111 Agreement imposing additional amenities and a shared entrance not contemplated in the original agreements.

The developer sought to have the applicants pay a proportionate share of the increased maintenance costs, control the leasing of the rental units, and retain interim rents before title transfer.

The court held that the applicants were only required to pay for amenities uniquely dedicated to the rental units or originally contemplated, that the applicants had the right to control leasing, and that the applicants were entitled to interim rents, as this aligned with the reasonable expectations of the parties and the commercial efficacy of the agreements.

The plaintiff brought an unopposed motion under Rule 49.09 to enforce a settlement agreement reached in a mortgage enforcement action.

The parties had agreed to all essential terms, including a payment of $725,000 by the defendant, but the defendant and her father subsequently failed to sign the finalized documents.

The court found the settlement clear, unambiguous, and not unconscionable, and granted the motion to enforce the settlement with costs.

The plaintiff vendor brought a motion for summary judgment against the defendant purchasers for anticipatory breach of an Agreement of Purchase and Sale for a pre-construction residential property.

The defendants failed to close the transaction, alleging an oral agreement that the property would be assigned prior to closing for a profit.

The court found no genuine issue requiring a trial, as the defendants failed to provide evidence of the alleged oral agreement or misrepresentations by the plaintiff's agent.

The court also found the plaintiff reasonably mitigated its damages by reselling the property.

Summary judgment was granted, the defendants' counterclaim was dismissed, and a stay of execution pending a third-party claim was denied.

The applicants moved to hold the respondent, a former condominium board president, in contempt of court for failing to comply with a consent order.

The respondent had agreed to resign, turn over corporate email access, and swear a statutory declaration regarding corporate funds, but failed to do so timely or truthfully.

The court declined to make a contempt finding, noting it is a remedy of last resort.

Instead, the court enforced the consent order's liquidated damages clause of $125,000 for non-compliance and vested the respondent's interest in the corporate email account in the condominium corporation.

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

The purchaser failed to close the transaction, alleging confusion and forgery regarding documents amending the purchase price to include selected upgrades.

The court found a valid and binding contract existed, which the purchaser breached.

The court also found the vendor reasonably mitigated its damages by reselling the property, and awarded damages to the vendor for the difference in sale price and carrying costs, net of the purchaser's forfeited deposit.

The parties made written submissions regarding the form of the Order following a judgment on an appeal and a costs endorsement.

The self-represented respondents approved the form of the Order but raised other concerns, including a schedule for the payment of costs.

The court found that the respondents' concerns did not relate to the form or content of the Order and signed the Order as drafted by the appellant, adding a provision that it is enforceable without formal entry.

The appellant developer appealed an arbitral award that allowed the respondent purchasers to terminate their agreements of purchase and sale and receive a refund of their deposits.

The arbitrator had found that the developer's failure to check a yes/no box in the Tarion Addendum regarding Early Termination Conditions constituted a breach entitling the purchasers to terminate.

The Superior Court of Justice allowed the appeal, finding the arbitrator's decision unreasonable.

The court held that the failure to check the box was a minor, technical breach that did not justify termination, especially since the agreements clearly contained no Early Termination Conditions.

The arbitral award was set aside and the matter remitted to the arbitrator.

The defendants brought a motion under Rules 21.01(1)(b), 25.06, and 25.11 of the Rules of Civil Procedure to strike the plaintiffs’ statement of claim alleging breach of contract, breach of fiduciary duty, fraud, fraudulent misrepresentation, conversion, conspiracy, unjust enrichment, and breach of trust.

The court held that most claims were inadequately pleaded and failed to disclose material facts necessary to establish the alleged causes of action, particularly against the individual defendants as directing minds of corporate entities.

Claims for fraud, misrepresentation, conspiracy, conversion, and unjust enrichment were struck for failure to plead material facts, and allegations supporting piercing the corporate veil were also insufficient.

The only potentially viable claims were breach of contract against one corporate defendant and breach of a written trust agreement regarding certain land.

The entire claim was struck with leave granted to file a further amended pleading limited to those causes of action.