Stefan Epstein

The plaintiff brought a motion for summary judgment for damages arising from an aborted real estate transaction.

The defendants admitted to breaching the agreement of purchase and sale but argued the plaintiff failed to mitigate his damages when he resold the property for a lower price in a falling market.

The court heard expert appraisal evidence from both parties.

The court found the defendants failed to prove the plaintiff acted unreasonably in mitigating his damages, noting the property was sold on the open market after reasonable exposure.

Summary judgment was granted in favour of the plaintiff for $111,702.58, representing the difference in sale prices plus carrying costs, less the deposit.

The plaintiffs brought a motion for summary judgment against the defendant for breach of an agreement of purchase and sale of a residential property.

The defendant failed to close the transaction after multiple extensions and amendments.

The plaintiffs subsequently resold the property at a lower price and sought damages for the difference, carrying costs, and forfeiture of deposits.

The court granted summary judgment, finding no genuine issue for trial regarding the defendant's breach, the plaintiffs' reasonable mitigation efforts, and the calculation of damages.

The plaintiffs were awarded $806,380.59, with the $150,000 in forfeited deposits credited towards the judgment.