Caroline Emily Bedard

This is a costs decision following a summary judgment award to the plaintiff for $106,012.93 against the defendants for failure to complete the purchase of a property pursuant to an agreement of purchase and sale dated August 16, 2023.

The defendants' counterclaims for negligent misrepresentation, unjust enrichment, breach of contract, and loss of opportunity were dismissed.

The court awarded costs of $10,000 to the plaintiff, reducing the requested amount of $29,777.87 due to the plaintiff's unreasonable conduct in misinterpreting a final amendment to the agreement and demanding removal of the property listing from MLS for approximately two months, which was central to the litigation.

A developer sought summary judgment for damages of $106,012.93 against purchasers who failed to complete the purchase of a property in a new development.

The purchasers had entered into an agreement of purchase and sale with a closing date of August 16, 2023.

Amendments to the agreement permitted the purchasers to assign the agreement and to list the property for sale on MLS and other platforms.

The developer demanded removal of the MLS listing in January 2023, claiming the amendment permitting such listing was signed in error.

The purchasers removed the listing under protest and later claimed the developer's conduct constituted a repudiatory breach entitling them to rescind the contract.

The court found no repudiation or misrepresentation, determined the final amendment was valid and enforceable, and awarded judgment to the developer for the loss on resale plus incidental costs.

The plaintiff, a property developer, moved for default judgment against the defendant for failing to close on an Agreement of Purchase and Sale.

The defendant defaulted on deposit payments and did not respond to communications or defend the action.

The plaintiff terminated the agreement, remarketed the property, and resold it at a lower price due to a market downturn.

The court granted default judgment to the plaintiff for damages representing the shortfall from the resale, plus legal and real estate fees, after finding the defendant breached the agreement and the plaintiff made reasonable efforts to mitigate losses.

Costs were also awarded to the plaintiff.

The plaintiff, Caivan (Renaud) Inc., brought a motion for default judgment against the defendants, Maroof Khan and Mujahid Khan, for their failure to close on an Agreement of Purchase and Sale for a new-build townhome.

The defendants failed to retain a lawyer or take steps to finalize the transaction.

The plaintiff terminated the agreement, re-listed the property, and mitigated its damages by reselling it at a lower price.

The court found that the defendants breached the agreement and that the plaintiff had made reasonable and timely efforts to mitigate its losses.

Default judgment was granted in favour of the plaintiff for the shortfall in the sale price, plus ancillary costs and prejudgment interest.