The appellant purchaser appealed a summary judgment awarding damages to the respondent vendor for failing to close a real estate transaction.
The appellant argued he refused to close because he discovered a nearby landfill site, which he claimed the vendor had a duty to disclose.
The Court of Appeal dismissed the appeal on the merits, finding the appellant failed to lead any evidence that the landfill posed a health and safety risk, and that the real reason for failing to close was an inability to arrange financing.
However, the Court granted leave to appeal the costs order, setting aside the full indemnity costs awarded by the motion judge and replacing them with partial indemnity costs, as there was no finding of bad faith or unreasonable conduct.
