The plaintiff brought a motion for summary judgment seeking the return of a $20,000 deposit and damages related to an aborted real estate transaction.
The defendant, the vendor, failed to provide full access for an inspection, which prevented the plaintiff from securing financing.
Although the defendant later offered to cure the breach, the plaintiff had already purchased another property.
The court granted relief from forfeiture, ordering the return of the deposit, but dismissed claims for damages based on the difference in property prices, land transfer tax, and interest rates, finding them not recoverable or too remote.
The plaintiff was awarded costs for the aborted transaction and the motion.
