Cheryl Chiu Ying Lau

The appellants appealed a summary judgment granted against them in a failed real estate transaction.

The motion judge found no genuine issue for trial regarding defences of non est factum, failure to tender (due to anticipatory breach), and the appropriateness of summary judgment despite an outstanding third-party claim.

The appeal also challenged the assessment of damages, specifically the foreseeability of bridge financing costs and mitigation efforts.

The Court of Appeal dismissed the appeal, affirming the motion judge's findings and reasoning.

The plaintiffs moved for summary judgment against the defendants for breach of an agreement of purchase and sale of real estate.

The defendants failed to close the transaction, leading to the plaintiffs reselling their home at a significant loss.

The defendants raised defenses of non est factum and failure to tender, and challenged the appropriateness of partial summary judgment and the calculation of damages.

The court dismissed the defendants' defenses, found partial summary judgment appropriate given the severability of the main action from the third-party claims, and assessed the plaintiffs' damages at $298,847.67.

The court ordered the immediate release of the $30,000 deposit to the plaintiffs and stayed the enforcement of the remaining judgment for six months, pending the resolution of the defendants' third-party claim.