Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40883
Joss Covenoho v. Homelife/Response Realty Inc., 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) |
|---|---|---|
| 2025-08-14 | Close file on Leave | |
| 2025-08-14 | General proceeding, Incomplete taxation - file closed | Right at Home Realty Inc. |
| 2024-06-10 |
Bill of costs, UNDER REVIEW Missing: Notice of taxation (Form 83A), Incomplete |
Right at Home Realty Inc. |
| 2024-03-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-07 | Judgment on leave sent to the parties | |
| 2024-03-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-OM-0109, dated July 5, 2023, is dismissed with costs to the respondent, Right at Home Realty Inc. Dismissed, with costs |
|
| 2024-01-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-16 | Notice of name, (Letter Form), (Printed version due on 2023-10-23) | Right at Home Realty Inc. |
| 2023-10-12 | Notice of name, (Letter Form), (Printed version due on 2023-10-19) | Homelife/Response Realty Inc. |
| 2023-10-10 | Certificate (on limitations to public access), (Letter Form), 23A | Right at Home Realty Inc. |
| 2023-10-02 |
Supplemental document, (Letter Form), 2 Volumes Letter regarding counsel |
Joss Covenoho |
| 2023-10-02 | Certificate (on limitations to public access), (Letter Form), 23B of reply, (Printed version due on 2023-10-10) | Joss Covenoho |
| 2023-10-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-10-03, (Printed version due on 2023-10-10) | Joss Covenoho |
| 2023-09-29 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: - Signature (Rec'd 2023-10-10) - 23A (Rec'd 2023-10-10), Completed on: 2023-10-10, (Printed version due on 2023-10-06) |
Right at Home Realty Inc. |
| 2023-09-06 | Certificate (on limitations to public access), (Letter Form), Public access to information form, (Printed version due on 2023-09-13) | Joss Covenoho |
| 2023-09-06 | Letter advising parties of an incomplete application for leave to appeal | |
| 2023-08-31 | Supplemental document, 11 Volumes | Joss Covenoho |
| 2023-08-31 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-09-08) | Joss Covenoho |
| 2023-08-31 |
Application for leave to appeal, (Book Form), Missing: - Public Access to Information form (rec'd 2023-09-06) - Signed Memorandum of Argument (rec'd 2023-09-06) - CA Judgement (Not available) - Filing fee (Rec'd 2023-09-21), Completed on: 2023-09-22, (Printed version due on 2023-09-08) |
Joss Covenoho |
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 |
|---|---|---|
| Covenoho, Joss | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Homelife/Response Realty Inc. | Respondent | Active |
| Right at Home Realty Inc. | Respondent | Active |
Counsel
Party: Covenoho, Joss
This party is not represented by counsel.
Party: Homelife/Response Realty Inc.
Counsel
51 Village Centre Place
Mississauga, Ontario
L4Z 1V9
Telephone: (905) 247-0525
FAX: (905) 247-0525
Email: douglas@mississaugalawyer.com
Party: Right at Home Realty Inc.
Counsel
David Heffernan
3029 Bloor Street West, Suite 200
Toronto, Ontario
M8X 1C5
Telephone: (416) 234-9111 Ext: 23345
FAX: (416) 234-9114
Email: harry.perlis@mbzlaw.com
Summary
Keywords
Contracts — Formation — Whether conditional offer to purchase listed real estate is acceptance of offer to sell — Termination — Whether respondent’s termination of agreement with applicant was breach of contract
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 applicant, a real estate salesperson working as an independent contractor for the respondent Right at Home Realty Inc. (“Right at Home”) tendered a conditional offer to purchase a property listed by the respondent Homelife/Response Realty Inc. (“Homelife”) on behalf of her client. The vendor did not accept the offer and it expired.
The applicant demanded payment of a commission and commenced a claim in Right at Home’s name to collect one. Right at Home demanded that the applicant withdraw the claim. When she declined, Right at Home terminated its relationship with her. The applicant sued Right at Home for declining to pursue a commission and for terminating their relationship, and sued Homelife for payment of a commission.
The Small Claims Court granted a motion to strike the applicant’s claims. Neither she nor Right at Home were parties to the listing agreement and therefore could not sue under that agreement to collect a commission. Right at Home was entitled to terminate its relationship with the applicant without cause, and in any event her conduct gave Right at Home cause to do so.
The Divisional Court, on appeal, held that the motion judge’s decision was correct. There was no evidence that the motion judge was biased, nor was there any basis to interfere with the costs award on the motion. The appeal was dismissed.
The Court of Appeal denied leave to appeal.
Lower court rulings
Ontario Superior Court of Justice
SC-20-2510-00
Applicant’s claim dismissed with costs.
Ontario Superior Court of Justice
DC 008/22
Appeal dismissed with costs.
Court of Appeal for Ontario
COA-23-OM-0109
Motion for leave to appeal dismissed with costs.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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