Case information
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41510
Homelife Landmark Realty Inc., Brokerage, et al. v. Yu Zhang, 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) |
|---|---|---|
| 2025-04-22 | Close file on Leave | |
| 2025-04-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-04-17 | Judgment on leave sent to the parties | |
| 2025-04-17 |
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-CV-0781, 2024 ONCA 622, dated August 20, 2024, is dismissed. Dismissed |
|
| 2025-02-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-18 | Lower court order - e-filing, COA-23-CV-0781 CA Order, (Printed version filed on 2025-01-07) | Homelife Landmark Realty Inc., Brokerage |
| 2024-10-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-10-21 | Book of authorities, (Book Form), Completed on: 2024-10-21, (Printed version filed on 2024-10-21) | Homelife Landmark Realty Inc., Brokerage |
| 2024-10-21 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-21) | Homelife Landmark Realty Inc., Brokerage |
| 2024-10-21 | Notice of name, (Printed version filed on 2024-10-21) | Homelife Landmark Realty Inc., Brokerage |
| 2024-10-21 | Application for leave to appeal, (Book Form), Completed on: 2024-10-21, (Printed version filed on 2024-10-21) | Homelife Landmark Realty Inc., Brokerage |
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 |
|---|---|---|
| Homelife Landmark Realty Inc., Brokerage | Applicant | Active |
| Si, Yu | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Zhang, Yu | Respondent | Active |
| Dai, Jun | Respondent | Active |
Counsel
Party: Homelife Landmark Realty Inc., Brokerage
Counsel
Stephen Aylward
Patrick Carl
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
Email: paullv@stockwoods.ca
Agent
400-411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2008
FAX: (613) 688-0271
Email: ctrivisonno@conwaylitigation.ca
Party: Si, Yu
Counsel
Stephen Aylward
Patrick Carl
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
Email: paullv@stockwoods.ca
Agent
400-411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2008
FAX: (613) 688-0271
Email: ctrivisonno@conwaylitigation.ca
Party: Zhang, Yu
This party is not represented by counsel.
Party: Dai, Jun
This party is not represented by counsel.
Summary
Keywords
Damages — Quantum — Whether trial judge erred in assessment of damages for negligent misrepresentation
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 realtors represented the location of an investment property (the “Property”) to the respondents as being in a neighbourhood where the respondents wished to invest. After the respondents entered into an agreement to purchase the Property and paid a deposit to the vendor, they discovered that the Property was, in fact, located three kilometres away, in a location where they did not wish to invest. The respondents repudiated the purchase agreement, forfeited their deposit to the vendor, and sued the applicants for misrepresentation.
The trial judge held that the applicants misrepresented the location of the Property, that the respondents relied on the misrepresentation, and that advancing a deposit to the vendor was a reasonably foreseeable consequence. He awarded judgment to the respondents for the amount of their forfeited deposit. The Court of Appeal dismissed an appeal, finding no error in the trial judge’s assessment of damages.
Lower court rulings
Judgment for the respondents with costs.
Appeal dismissed.
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