The applicant purchaser entered into an agreement of purchase and sale for a pre-construction condominium unit and submitted a mortgage pre-approval letter to the respondent vendor.
The vendor later discovered the pre-approval letter was inauthentic and terminated the agreement, retaining the purchaser's deposits.
The purchaser brought an application, converted to a summary trial, seeking the return of the deposits.
The court dismissed the application, finding the purchaser fundamentally breached the agreement by providing false financial information.
The court also denied relief from forfeiture, concluding that retaining the deposits was not unconscionable given the purchaser's breach and the vendor's reliance on valid financial information.
