The plaintiff sought summary judgment for damages arising from the defendants' failure to complete the purchase of a newly constructed residential property.
The defendants argued they were unable to secure financing and that the plaintiff should have provided a vendor take-back mortgage.
The court found the plaintiff was not obligated to provide financing and acted reasonably to mitigate losses.
Summary judgment was granted to the plaintiff in the amount of $33,521.31, and the defendants' counterclaim was dismissed.