Stephen Gadbois

This costs endorsement follows a motion for summary judgment in a failed real estate transaction.

The plaintiff was awarded judgment and sought substantial indemnity costs based on an unaccepted offer to settle and alleged conduct by the defendant’s counsel.

The court found the offer to settle was not more favourable than the judgment and that the defendant’s conduct did not justify elevated costs.

The plaintiff was awarded partial indemnity costs of $15,000, inclusive of disbursements and HST.

This motion for summary judgment arose from a failed real estate transaction where the defendant buyer breached an Agreement of Purchase and Sale (APS) due to financing issues.

The plaintiff seller re-sold the property for a lower price and sought damages for the price difference and carrying costs.

The defendant argued the plaintiff failed to mitigate damages by delaying re-listing.

The court granted summary judgment, finding the defendant liable for breach and that the plaintiff acted reasonably in mitigation.

Damages were awarded for the loss on resale and some expenses, with deductions for the forfeited deposit and rental income.