Key Issues:

• RE/MAX and Nik Handa sought a commission of $650,000 from Qureshi after a real estate transaction fell through.
• Qureshi argued there was no written agreement obligating him to pay this commission.

Background:

• In 2019, Qureshi showed interest in buying the Vaughan Inn Motel. He signed a Buyer Representation Agreement (BRA) with RE/MAX and Handa.
• The BRA did not specify the commission but mentioned it was "To Be Determined (TBD)."
• Qureshi ultimately canceled the transaction due to concerns about COVID-19.
• RE/MAX claimed that, per the BRA, Qureshi owed them the commission, even though the sale did not close.

Court's Findings:

• There was no clear contractual obligation for Qureshi to pay the commission, as the BRA left the commission undetermined.
• The "TBD" in the BRA lacked a mechanism to fix the commission, making the contract unenforceable against Qureshi.
• The Commission Agreement with the seller (Zeema) did not bind Qureshi, as he was not a party to it.

Decision:

• RE/MAX’s claim for the $650,000 commission was dismissed.
• Costs: While no specific costs were awarded in the decision, both parties submitted cost claims of approximately $30,000 on a partial indemnity basis.

Conclusion: Qureshi was not liable to pay the commission, as no enforceable contract existed specifying his responsibility.