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Background: Beryl Phillips sued Tasma 5 Rialty Ltd. and Michele Zentena for damages related to the sale of her property at 664 Old Weston Road, Toronto. Phillips claimed Tasma conducted an improvident sale and economically interfered with a potential sale to Ingrid Russell, seeking $350,000 in total damages.
Facts: Phillips provided Tasma a first mortgage on the Old Weston Road property, which was not renewed or paid out upon maturity. Tasma took possession after issuing Notices of Sale and obtaining default judgments. Despite an initial offer from Russell for $990,000, Tasma sold the property to Steve Ryan for $795,000, leading to a shortfall Phillips was held accountable for.
Issues: The main discussion revolved around whether Tasma's sale of the property was improvident, if there was economic interference in Phillips' sale to Russell, and if Zentena could be personally liable for damages due to potential collusion with the buyer.
Ruling: The motion by Tasma and Zentena for Phillips to post security for costs was denied by the court. The evidence suggested Tasma might not have taken reasonable precautions to obtain the true market value of the property and raised questions about Zentena's potential collusion with the buyer.
Amount Awarded: Phillips was awarded $15,000 in partial indemnity costs for the motion, to be paid by the defendants within 30 days.
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Plaintiff
Defendant
Court
Superior Court of Justice - OntarioCase Number
CV-22-685214Practice Area
Civil litigationAmount
$ 15,000Winner
PlaintiffTrial Start Date