The appellant defaulted on a vendor take-back mortgage, leading the respondents to sell the property under power of sale.
The respondents obtained summary judgment for the shortfall of over $1.4 million.
On appeal, the appellant argued the respondents acted improvidently by listing the property for $750,000 despite an appraisal of $395,000.
The Court of Appeal dismissed the appeal, agreeing with the motion judge that the appellant failed to provide evidence showing a higher price would have been obtained but for the alleged breach.
