Jonathan Dunlap

The plaintiff, a real estate developer, brought a motion for summary judgment against the self-represented defendant for breach of contract after the defendant failed to close a home purchase, claiming damages of $622,505.66.

The court found that despite the plaintiff's arguments, the evidentiary record, including the defendant's unsworn affidavit, possibly raised genuine issues for trial concerning contract formation, extension agreements, market value, damages calculation, and mitigation.

The court adjourned the motion to allow for cross-examinations of the plaintiff's affiants and recommended the defendant retain legal counsel, emphasizing the need for a just determination based on a complete evidentiary record.

The plaintiff, a real estate developer, brought a motion for summary judgment against the defendant purchaser who failed to close a real estate transaction.

After the defendant failed to file responding materials as ordered, the court struck the statement of defence and treated the matter as an in-writing motion for default judgment.

The court found the plaintiff proved its claim for breach of contract and awarded damages for the loss of the bargain and consequential carrying costs.