The plaintiffs, Rosehaven Homes Limited and Bram-Rose Homes Inc., brought a motion for summary judgment seeking damages for breach of an Agreement of Purchase and Sale (APS) after the defendants failed to close a real estate transaction.
The defendants argued the APS was invalid due to issues like lack of ID verification, unconscionability, wilful blindness, and that the plaintiffs failed to mitigate damages by refusing a vendor take-back mortgage.
The court granted summary judgment in favour of Rosehaven Homes Limited, finding no genuine issues requiring a trial.
The court dismissed the defendants' arguments regarding the APS's validity and mitigation, awarding damages and prejudgment interest to Rosehaven Homes Limited.
