D. Kinkead

The plaintiffs brought a reference to determine damages after the defendants breached an agreement of purchase and sale for a residential property.

The court found the property was unique to the plaintiffs given their specific criteria and the rising real estate market.

Applying the principles from Semelhago, the court assessed damages based on the difference in appreciation between the breached property and a substitute property the plaintiffs subsequently purchased.

The plaintiffs were awarded $150,000 in additional damages, plus thrown-away expenses and substantial indemnity costs due to the defendants' egregious conduct.

The plaintiffs sought summary judgment for breach of an Agreement of Purchase and Sale (APS) after the defendants repudiated the contract, alleging the vendor lacked mental capacity and that a Power of Attorney (POA) had been revoked.

The court found the APS to be a binding agreement, rejecting the defendants' claims of POA revocation and lack of capacity due to insufficient evidence.

The defence regarding spousal consent was also dismissed.

Partial judgment was granted to the plaintiffs for undisputed legal costs, with a reference ordered to determine additional damages.