Oksana Vialykh

The plaintiff developer entered into two Agreements of Purchase and Sale to acquire properties for residential redevelopment.

The vendor of the Brock Street property wrongly terminated the agreement after the plaintiff properly delivered a waiver of conditions by email.

The court awarded the plaintiff $3.2 million in damages based on the increase in the property's value.

The plaintiff's claim regarding the Hopkins Street property was dismissed because it failed to deliver a waiver by the extended deadline.

The defendants' counterclaims for damages arising from the registration of Certificates of Pending Litigation were dismissed, as the plaintiff had a reasonable claim to an interest in the land.

The plaintiff mortgagor defaulted on a development loan, leading the defendant mortgagee to sell the subject property under a power of sale.

The plaintiff brought an action alleging the sale was improvident and that the property was sold at a grossly undervalued price to a pre-selected purchaser.

The court reviewed the marketing efforts, which included obtaining multiple independent appraisals and hiring a specialized commercial real estate broker.

The court found that the defendant took reasonable precautions to obtain the true market value of the property and that the plaintiff failed to prove a higher price could have been obtained.

The action was dismissed with costs fixed at $330,000.