The builder and purchaser entered into an agreement of purchase and sale for a pre-construction condominium.
The transaction failed to close, and the builder sought forfeiture of the deposit and damages.
The purchaser brought a cross-application seeking to void the agreement and the return of the deposit, arguing the builder failed to provide the condominium guide required by s. 72(1)(b) of the Condominium Act, 1998.
The court found that the builder failed to prove it delivered the guide.
Applying the consumer protection purpose of the Act, the court held that the failure to provide the guide meant the agreement was not binding and the 10-day rescission period never commenced.
The purchaser's cross-application was granted, the agreement was declared not binding, and the deposit was ordered returned with interest.
