First Contact Realty Ltd. (Royal LePage First Contact Realty) v. PrimeReal Estate Holdings Corporation

First Contact Realty Ltd. (Royal LePage First Contact Realty) v. PrimeReal Estate Holdings Corporation

The motion judge did not err in law or principle in applying Hryniak; she could make the necessary credibility and fact findings on the summary judgment record, and her findings that the BRA was not terminated and that Royal LePage continued to assist Prime were supported by the evidence; accordingly no genuine issue required a trial and summary judgment was appropriate, so the appeal is dismissed.

Citation
2016 ONCA 156
Parties
Plaintiff (respondent): First Contact Realty Ltd. c.o.b. as Royal LePage First Contact Realty; Defendant (appellant): Prime Real Estate Holdings Corporation
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
25 February 2016
Procedural Posture
Collection / Appeal From Summary Judgment
Outcome
Appeal dismissed with costs to Royal LePage fixed at $5,000, all inclusive.
Legal Topics
Summary Judgment, Buyer Representation Agreement, Real Estate Commission, Termination of Contract, Credibility Findings, Hryniak
Source Language
English
Civil Contract Real Property Procedural Law Summary Judgment Buyer Representation Agreement Real Estate Commission Termination of Contract +2 more

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Parties

First Contact Realty Ltd. c.o.b. as Royal LePage First Contact Realty

Plaintiff (respondent)

Prime Real Estate Holdings Corporation

Defendant (appellant)

Procedural Posture

Collection / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the Buyer Representation Agreement (BRA) was verbally terminated on September 10, 2012
  2. 2 Whether Royal LePage continued to assist Prime after September 10, 2012 such that commission was owing
  3. 3 Whether the motion judge properly applied Hryniak and summary judgment rules given alleged credibility disputes

Ratio Decidendi

The motion judge did not err in law or principle in applying Hryniak; she could make the necessary credibility and fact findings on the summary judgment record, and her findings that the BRA was not terminated and that Royal LePage continued to assist Prime were supported by the evidence; accordingly no genuine issue required a trial and summary judgment was appropriate, so the appeal is dismissed.

Court Disposition

Appeal dismissed with costs to Royal LePage fixed at $5,000, all inclusive.

Orders

  • Appeal dismissed; costs to Royal LePage fixed at $5,000, all inclusive.