This is an appeal from a summary judgment awarding damages for the appellants' failure to close a residential real estate transaction.
The appellants challenged the damages amount, arguing failure to mitigate and issues with expert evidence.
The respondent cross-appealed the prejudgment and postjudgment interest rates.
The Court of Appeal dismissed both the appeal, finding the appellants failed to discharge their onus on mitigation, and the cross-appeal, affirming the motion judge's discretion to depart from the contractual interest rate due to special circumstances (respondent's delay in marketing the property).
