The plaintiff, Paradise Homes North West Inc., moved for summary judgment against the defendant, Indervir Singh Sidhu, for breach of an Agreement of Purchase and Sale (APS).
The defendant defaulted on a deposit and failed to close the transaction.
The defendant argued frustration of contract due to market conditions and an assignment fee, and alleged the plaintiff failed to mitigate damages.
The court rejected the frustration arguments, finding market fluctuations and financing difficulties were not unforeseen supervening events, and the assignment fee was reasonable.
The court also found the defendant failed to prove the plaintiff did not reasonably mitigate damages.
Summary judgment was granted in favour of the plaintiff for damages totaling $82,059.50.