Case information
Consult our database for details on a Supreme Court of Canada case.
38982
Ahmed Sabri Shawqi v. Mark Azzarello, et al.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-07-31 | Close file on Leave | |
| 2020-04-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-17 | Judgment on leave sent to the parties | |
| 2020-04-16 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C65977, 2019 ONCA 820, dated October 15, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-04-16 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2020-03-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-03-09 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-02-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-02-07 | Ahmed Sabri Shawqi |
| 2020-02-07 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2020-03-05 | Ahmed Sabri Shawqi |
| 2020-02-07 | Certificate (on limitations to public access), (Letter Form), 23A | Ahmed Sabri Shawqi |
| 2020-01-21 | Certificate (on limitations to public access), (Letter Form), 23A | Mark Azzarello |
| 2020-01-21 | Notice of name, (Letter Form) | Mark Azzarello |
| 2020-01-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-21 | Mark Azzarello |
| 2019-12-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2019-12-17 | Application for leave to appeal, (Book Form), MISSING: Signed TC judgment (rec'd 2020-03-09), Completed on: 2020-03-09 | Ahmed Sabri Shawqi |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Shawqi, Ahmed Sabri | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Azzarello, Mark | Respondent | Active |
| Azzarello, Eliza | Respondent | Active |
Counsel
Party: Shawqi, Ahmed Sabri
Counsel
1457 McCowan Road, Suite 204
Toronto, Ontario
M1S 5K7
Telephone: (416) 291-6786
FAX: (416) 291-8784
Email: shahzad@abrahamsllp.com
Party: Azzarello, Mark
Counsel
778 College Street
Toronto, Ontario
M6G 1C6
Telephone: (647) 350-0200
FAX: (647) 350-0800
Party: Azzarello, Eliza
Counsel
778 College Street
Toronto, Ontario
M6G 1C6
Telephone: (647) 350-0200
FAX: (647) 350-0800
Summary
Keywords
Contracts — Breach — Damages — Duty to mitigate — Property — Real property — Sale of land — In order to mitigate its potential losses, is a vendor obligated to accept a reduced offer from the purchaser, which is higher than other offers available in a declining real estate market, with the understanding that the vendor is not foregoing its right to claim damages for said reduction.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The respondents listed their home for sale in the Greater Toronto area. They received multiple offers and accepted the applicant’s offer. The applicant paid a deposit of $75,000. When the applicant was unable to close on the specified date, further extensions were agreed to, none of which could be met by the applicant. The applicant eventually offered to buy the property for cash at a reduced price. Meanwhile, the respondents re listed their property and sold it for a much reduced price. The respondents brought an action for damages for breach of the agreement of purchase and sale and brought a motion for summary judgment.
The Ontario Superior Court of Justice granted the motion for summary judgment and ordered the applicant to pay the respondents damages representing the difference between the applicant’s purchase price and the price received, plus other losses related to the breach of contract. The Court found that the respondents had reasonably mitigated their damages. The Court ordered that the deposit of $75,000 paid by the applicant be forfeited by the purchaser and therefore not credited toward the damages award. The Ontario Court of Appeal dismissed the appeal except with respect to the deposit. The Court held that where a vendor suffers loss, the purchaser’s deposit must be credited towards the damages payable.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 5414, CV-17-581271
Respondents’ motion for summary judgment granted; Applicant ordered to pay them damages of $308,688.31.
Court of Appeal for Ontario
2019 ONCA 820, C65977
Appeal dismissed except to vary lower court order to require that the deposit be credited toward the damages award.
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available