This is an appeal from a judgment concerning a failed real estate transaction.
The trial judge found the appellants breached the agreement of purchase and sale, struck their statement of defence due to a lack of standing for their representative (daughter acting in person), and awarded $1 million in damages.
The Court of Appeal allowed the appeal in part, finding the trial judge erred in striking the statement of defence (though it did not affect the outcome on the merits) and, crucially, erred in the assessment of damages.
The Court clarified the proper measure of damages for breach of an agreement of purchase and sale and reduced the damages awarded to $45,000.
The court also confirmed the appellants failed to meet their onus to prove the respondents failed to mitigate damages.
