Background: This case arose from a failed real estate transaction. Hilary (Kim) Morden abandoned a purchase after signing a contract and providing a deposit cheque. She admitted liability for damages but sought indemnity from her real estate agent, Gina Halinda, and Brookside Realty Ltd., claiming they failed to properly advise her.

Legal Issues:

• Causation and Liability: Morden argued that the trial judge wrongly inferred she had adequate legal advice, which influenced the causation analysis.
• Repudiation and Acceptance: She also contended the judge erred in finding that the vendors' actions to remarket the property did not constitute acceptance of her repudiation.

Judgment: The appeal was dismissed. The court held that the trial judge's misapprehension of the waiver of solicitor-client privilege did not affect the overall finding. The judge correctly found that Mr. and Ms. Morden had no intention of completing the contract regardless of any advice received. Additionally, the judge found that the vendors did not accept Morden's repudiation until they entered a new sale contract.

Damages and Costs: Morden was liable for the plaintiffs' damages, amounting to the difference between the original contract price of $935,000 and the eventual sale price of $835,000, totaling $100,000. The specific amount of costs awarded was not detailed in the provided excerpts.