The appellants appealed a summary judgment granting the respondents $605,000 in damages for the anticipatory breach of an agreement of purchase and sale for a residential property.
The appellants argued the motion judge erred in accepting the respondents' expert appraisal of the property's value and in not sending the matter to trial due to competing expert opinions.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's preference for the respondents' expert, who followed accepted methodologies, nor in the determination that the respondents reasonably mitigated their damages by purchasing a comparable property on the assessment date.
