Purchasers costs award was increased somewhat to recognize their efforts to resolve matter

Ontario civil | Real Property | Sale of land | Remedies

Plaintiff purchasers and defendant vendor entered agreement for purchase and sale of residential waterfront property. When vendor refused to complete transaction in accordance with agreement, purchasers brought action for specific performance and special damages or, alternatively, damages. Purchasers’ first ex parte motion for certificate of pending litigation (CPL) was dismissed on basis material failed to establish property was sufficiently unique to warrant order for specific performance. Second motion was granted after purchasers filed affidavit claiming property was particularly suitable for their needs because of easy vehicular access via municipally maintained road, as opposed to private road they would have to maintain, ultraviolet waer purification system, electrical service to shed, which they hoped to turn into additional sleeping quarters, lake's reputation for clean water and nature of waterfront, including lack of weeds, reeds or other dense aquatic vegetation. Vendor claimed none of those statements was true and brought unsuccessful motion for order discharging CPL on basis order for specific performance would not be available. Parties made submissions on costs. Vendor was ordered to pay purchasers’ costs in amount of $3,500, inclusive of HST and disbursements. Purchasers’ were awarded their partial indemnity costs, increased somewhat to recognize their efforts to resolve matter.

Carr v. Rivet (2019), 2019 CarswellOnt 6227, 2019 ONSC 2539, Ellies J., In Chambers (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 3441, 2019 ONSC 1546, Ellies J. (Ont. S.C.J.).

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