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Summary judgment granted to vendor for aborted real estate transaction; deposit credited against damages.
The plaintiff brought a motion for summary judgment seeking damages arising from an aborted real estate transaction.
The defendant failed to close the purchase of the plaintiff's home, alleging the plaintiff misrepresented the lot frontage.
The court found no genuine issue requiring a trial, as the Agreement of Purchase and Sale required the purchaser to verify measurements and there was no evidence the frontage was materially significant to the defendant.
The court awarded the plaintiff damages for the difference in sale price and carrying costs, and ordered the deposit to be credited towards the damages.
Adjournment of tenant's appeal granted on strict conditions including ongoing rent payment and costs.
The appellant tenant requested an adjournment of her appeal to allow additional time to perfect it.
The Divisional Court granted the adjournment to July 16, 2018, on strict conditions.
These conditions included the ongoing payment of rent, providing evidence of an application to an assisted living facility, and payment of $750 in costs to the respondent landlord.