Key Details:

• Summary Judgment Ruling:
  • The Plaintiffs (Correa) filed for summary judgment, seeking $113,000 for a revival fee tied to an expired purchase agreement for a home built by Valstar.
  • The motion was dismissed, and the court sided with Valstar, dismissing the Plaintiffs’ claim. The interpretation of the "time is of the essence" clause in the Agreement of Purchase and Sale (APS) was central to the decision.

Costs:

• Valstar’s Costs:
  • Requested $57,953.69 in total (including taxes and disbursements).
  • This included $50,269.50 as substantial indemnity fees post-offer to settle.
  • Partial indemnity costs before the offer totaled $855.
  • The court considered this reasonable but ultimately awarded $30,000 to Valstar.
• Plaintiffs' Costs:
  • Plaintiffs argued their costs should be capped at $15,000.

Legal Principles Considered:

• Costs were determined under Section 131 of the Courts of Justice Act, and Rule 49 of the Rules of Civil Procedure.
• The court emphasized principles of proportionality and fairness in cost awards, while considering offers to settle.
• Final Ruling: The Plaintiffs are required to pay Valstar $30,000 within 30 days.