The case Fan Yang v. McInnes Cooper (2024 NSSC 308) revolves around the sale of a commercial property and subsequent legal disputes arising from alleged misunderstandings and negligence involving real estate agents and legal counsel. Here are the key points:

• Parties Involved:

  • Fan Yang and Keller Williams Realty (KW Parties) acted as the real estate agents.
  • Sushi Nami Franchising was the property owner.
  • Ionian Sea Investments was the buyer.
  • Benjamin Pryde and McInnes Cooper (MC Parties) were the legal representatives for Sushi Nami.

• Property and Agreements:

  • The property at 6450/6452 Quinpool Road was subject to a commercial lease with Noodle Nami Quinpool and a residential lease.
  • A purchase and sale agreement with Ionian required vacant possession, which clashed with Sushi Nami's intention to maintain the commercial lease.

• Issues:

  • Misunderstanding of the vacant possession clause led to a binding agreement not reflecting Sushi Nami’s intent.
  • KW Parties faced legal claims for failing to protect Sushi Nami's leasing interests.
  • KW sought contribution and indemnity from MC, alleging negligence during the legal review process.

• Legal Considerations:

  • The court discussed joint, several, and concurrent liability principles.
  • The focus was on whether KW could recover part of their settlement costs from MC based on alleged negligence.
  • The case highlighted the importance of clear communication and proper understanding of contractual obligations.

The ultimate decision regarding the success in the claim against the MC Parties and any additional monetary awards or costs granted is not detailed in the provided excerpts. If the court found the MC Parties liable, it would determine the extent of their contribution to the settlement amount.