Bradley Berg

The applicant purchaser sought the return of a $3.25 million deposit after refusing to close a $70 million commercial real estate transaction, alleging the respondent vendor failed to satisfy conditions regarding a Walmart estoppel certificate and a Dollarama lease extension.

The vendor argued the purchaser used minor technicalities to avoid closing due to the economic uncertainty of the COVID-19 pandemic.

The court found that the vendor made commercially reasonable efforts to satisfy the conditions and that the purchaser failed to act reasonably and in good faith by refusing to accept the documents or negotiate.

The court concluded the purchaser repudiated the transaction and the vendor was entitled to retain the deposit.

The applicant sought a declaration that it held an implied easement by common intention over the airspace occupied by a private bridge connecting its properties over a city-owned public road.

The bridge was built as compensation for a 1968 expropriation.

The respondent argued the applicant only held a revocable license.

The court found that the 1973 conveyance of private road lands abutting the bridge evinced a common intention to grant an easement over the airspace, as a mere license would defeat the commercial purpose of the bridge.

The court declared the bridge a fixture to the applicant's lands and ordered the registration of an implied easement.