Yan Liu

This endorsement addresses procedural matters in an appeal from a partial summary judgment.

The respondent argued the order under appeal was interlocutory, requiring leave to appeal.

The court set a schedule for submissions on whether the order is interlocutory or final, and for an expedited appeal hearing.

It noted that a motion to stay was likely moot as the tenant had already been evicted, preferring to expedite the appeal.

The judge also raised a potential jurisdictional concern regarding the Court of Appeal's jurisdiction over the appeal.

The plaintiff builder brought a motion for default judgment against the defendant purchaser who failed to close a real estate transaction.

The court required the plaintiff to serve the motion materials on the defendant in accordance with Toronto best practice.

The court found the plaintiff met its onus to prove damages and mitigation efforts, awarding the difference between the contract price and resale price.

However, the court refused to enforce a 20% contractual interest rate, applying the Courts of Justice Act rate instead, and limited the recovery of carrying costs due to an unexplained 5-month delay in closing the resale.