McLaughlin v. Canadian Service Management Inc.
The appeal is allowed in part: although the motion judge was correct that she had authority to make both types of adjustments, the record was inadequate to calculate a rent credit so that ground fails; however the motion judge erred in failing to adjust the price for wasted legal expenses where $10,000 was...
Source-derived case information.
- Citation
- 2018 ONCA 799
- Parties
- Appellant: James McLaughlin; Appellant: 2538886 Ontario Inc.; Respondent: Canadian Service Management Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 3 October 2018
- Procedural Posture
- Civil Appeal (collection) / Appeal From Superior Court Motion Judgment
- Outcome
- Appeal allowed in part; order amended to provide a $10,000 abatement of the purchase price and costs to the appellants in the amount of $4,385.00
- Legal Topics
- Adjustment of Purchase Price, Rent Credit for Failure to Close, Wasted Legal Expenses, Abatement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James McLaughlin
Appellant
2538886 Ontario Inc.
Appellant
Canadian Service Management Inc.
Respondent
Procedural Posture
Civil Appeal (collection) / Appeal From Superior Court Motion Judgment
Legal Issues
- 1 Whether the motion judge erred in refusing to allow credit for rent payments after the respondent failed to close
- 2 Whether the motion judge erred in failing to adjust the purchase price to account for wasted legal expenses
Ratio Decidendi
The appeal is allowed in part: although the motion judge was correct that she had authority to make both types of adjustments, the record was inadequate to calculate a rent credit so that ground fails; however the motion judge erred in failing to adjust the price for wasted legal expenses where $10,000 was established and reasonable, and the purchase price is to be abated by $10,000 with costs awarded to the appellant of $4,385.00.
Court Disposition
Appeal allowed in part; order amended to provide a $10,000 abatement of the purchase price and costs to the appellants in the amount of $4,385.00
Orders
- Motion judge's order amended to reflect a $10,000 abatement in the purchase price.
- Respondent shall pay costs of the appeal to the appellants in the all‑inclusive sum of $4,385.00.
Full Case Text
Judgment text and source record
1 paragraphs
McLaughlin v. Canadian Service Management Inc. Collection Decisions of the Court of Appeal Date 2018-10-03 Neutral citation 2018 ONCA 799 Docket numbers C65256 Judges Hourigan, C. William; Miller, Bradley; Trotter, Gary T. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: McLaughlin v. Canadian Service Management Inc., 2018 ONCA 799 DATE: 20181002 DOCKET: C65256 Hourigan, Miller and Trotter JJ.A. BETWEEN James McLaughlin and 2538886 Ontario Inc. Plaintiffs (Appellants) and Canadian Service Management Inc. Defendant (Respondent) J. Sebastian Winny, for the appellants No one appearing for the respondent Heard: October 2, 2018 On appeal from the judgment of Justice Braid of the Superior Court of Justice, dated April 5, 2018. APPEAL BOOK ENDORSEMENT [1] The appellants raise two issues. First, they say the motion judge erred by failing to allow credit for rent payments after the respondent failed to close. Second, they say that the motion judge failed to adjust the price to account for wasted legal expenses. [2] On the first issue, we agree that the motion judge erred in finding there was no authority to make the requested adjustment. It was open to her to do so: see Welsh v. Karan, 2018 ONSC 804. However, the motion judge found that there was an inadequate record to calculate the adjustment. This was a reasonable conclusion. We would dismiss this ground of appeal. [3] With respect to the second issue, we agree with the appellants that the motion judge had authority to make this adjustment and the $10,000 figure was established on the record and reasonable. [4] The appeal is allowed in part. The motion judge’s order is amended to reflect a $10,000 abatement in the purchase price. The respondent shall pay costs of the appeal to the appellant in the all-inclusive sum of $4,385.00. “C.W. Hourigan J.A.”