The applicant brought a motion to set aside an Agreement of Purchase and Sale for the jointly held matrimonial home and sought punitive damages.
The applicant alleged fraud and deceit because the respondent did not disclose that the numbered company purchasing the home was owned by the respondent's parents.
The court dismissed the motion, finding that the applicant had executed the agreement, the identity of the purchaser was not a material term, no false statement was made, and the applicant suffered no damages as the offer was unconditional and above the list price.
