Results | Dec 17, 2019

LOLG Successful in Land Development Dispute

Back to all news On December 16, 2019 the Superior Court of Justice dismissed the application of Bovaird West Holdings for an order compelling Mattamy (Credit River) Limited to pay approximately $2.8 million pursuant to a contractual indemnity. Mattamy had sold undeveloped land to Bovaird for the purpose of retail development. Mattamy agreed to indemnify Bovaird for any further amounts due under a cost-sharing agreement between nearby landowners. Bovaird later changed plans and pursue residential development, which triggered a $2.8 million contribution under the cost-sharing agreement. Bovaird demanded that Mattamy pay the sum pursuant to the indemnity. Mattamy refused on the basis that the indemnity assumed a retail development. The Court agreed with Mattamy, dismissing Bovaird’s claim. James Renihan and Sapna Thakker represented Mattamy in the application. The decision can be found here: Bovaird West Holdings Inc. v. Mattamy (Credit River) Limited - CV-19-00619692 - Reasons for Judgment dated December 16 2019 - O'Brien J_.