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The Court of Appeal upheld a limitation of liability clause in a condo purchase agreement, holding it was enforceable and not unconscionable or contrary to the Tarion Addendum.
The Board did not err in law: it lawfully determined market value as the starting point and then conducted an equity analysis using jurisdiction-wide ASR evidence; the Board could reject the applicant's comparables as unpersuasive and its choice of evaluation technique was a factual determination supported by evidence, therefore the stated case is dismissed and the Board's decision is confirmed.
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The court found a solicitor negligent for advising that a valid easement supported access to a vacation property, and held the plaintiff’s mitigation steps were reasonable.
The court held the parties’ documents were an ineffective attempt to turn a real estate CPS into a share purchase agreement, dismissed Chillibowl’s claim, and ordered the deposit returned to Influent.
Conversion granted: the court found the presumption favoring an application did not apply given increased number of witnesses, materially amended pleadings, interpreter requirement, and realistic hearing length exceeding four days; on that basis and considering proportionality under CPR 1.01 and Rule 6, the Respondent satisfied the onus to convert and the proceeding will continue as an Action.
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The court dismissed a specific performance claim over rural property after finding the contract terminated when buyer conditions were not removed by the deadline.
Article 6.3 of the lease requires the landlord to apply a single consistent method to calculate the tenant’s realty tax liability (including first determining parking garage taxes), and the landlord’s mixing of methods was an unreasonable exercise of contractual discretion; the appeal of the motion decision is dismissed. However, the motion judge erred in awarding substantial indemnity costs based on findings of reprehensible litigation conduct; the costs award was excessive and is varied to a substituted cumulative award (legal fees $300,000 plus disbursements $125,706.30, total $425,706.30).
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Respondent failed to prove materials or labour were unavailable or that cost increases rendered performance radically different; respondent continued building similar houses for purchasers who paid increases, did not adequately disclose supplier evidence, did not validly abandon its price demand, and could not rely on clause 7.1; therefore contract was not frustrated, respondent breached the fixed-price, time‑is‑of‑the‑essence Agreement, applicants validly terminated on the closing date, and are entitled to damages of $280,510 plus pre-judgment interest; punitive damages denied.
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The court found Bonnis breached the agreements by failing to keep Epix informed and involved in rezoning and permit work, entitling Epix to terminate and recover its deposit plus damages.
Summary trial applications in a $80 million real estate contract dispute were dismissed because the court lacked enough evidence to interpret the option clause fairly.
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