Application arising from a commercial land sale dispute over the calculation of acreage payable under an agreement of purchase and sale for development land.
The court interpreted the contractual definition of 'Net Area' to exclude lands not specifically developable for industrial, commercial, or residential use, including environmental features, a road right-of-way, and lands burdened by a hydro easement unless remediated.
The applicant had closed under protest while facing practical compulsion arising from a downstream sale and was permitted to pursue restitution rather than breach of contract.
The respondents were found to have been unjustly enriched by retaining an overpayment of $2,442,595 with no juristic reason for doing so.
