Agnes Lee

The plaintiff developer brought a motion for summary judgment against the defendant purchasers for breach of an agreement of purchase and sale for a residential property.

The defendants failed to close the transaction after requesting multiple extensions and failing to secure financing.

The court found no genuine issue requiring a trial, rejecting the defendants' arguments regarding alleged misrepresentations and property valuation.

The plaintiff was awarded $381,971.72 in damages, representing the difference in resale price and carrying costs, plus $22,000 in costs.

The moving party, assignee of the developer, sought summary judgment to enforce three debt instruments against the respondent condominium corporation.

The condominium corporation argued the instruments were oppressive due to inadequate disclosure to purchasers.

The court found the disclosure regarding the service unit mortgage and parking unit mortgage was confusing and insufficient, breaching the reasonable expectations of the purchasers.

The court reduced the principal amounts of both mortgages to reflect fair value and reasonable expectations.

The court also found a promissory note for land transfer tax was void for lack of a borrowing by-law and oppressive as it circumvented the developer's statutory obligation for first-year budget deficits.

The court awarded the condominium corporation amounts for common expense arrears, a first-year budget deficit, and reserve fund payments, and declined to appoint a receiver.

The plaintiffs brought a motion for summary judgment after the defendants failed to close on a residential real estate transaction.

The defendants had entered into an agreement of purchase and sale for $2,250,000 but failed to pay the second deposit and repudiated the contract due to financing issues.

The plaintiffs relisted the property and eventually sold it for $1,770,000.

The defendants argued the plaintiffs failed to mitigate their damages by not relisting at a lower price immediately.

The court found no genuine issue requiring a trial, holding that the plaintiffs acted reasonably in their mitigation efforts, and granted summary judgment for the difference in sale price plus special damages.

Following a Court of Appeal order, the Superior Court of Justice conducted a trial of an issue to determine the value of the plaintiff's townhouse as a two-storey unit versus a three-storey unit as of December 2, 2014.

The plaintiff had purchased the unit believing it was three storeys, but the third floor was illegally built into the common element space.

The court evaluated competing expert appraisal evidence, ultimately preferring the plaintiff's expert who conducted a thorough inspection and appropriately applied the direct comparison approach.

The court fixed the plaintiff's damages for the loss of the third floor at $465,000.