The appellant appealed a summary judgment dismissing his claim for specific performance and granting the respondent's counterclaim for damages arising from a failed residential real estate transaction.
The appellant argued he was unable to close because the respondent's solicitor denied his mortgage broker access to the property.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's conclusion that the appellant failed to close because he lacked funds, and upholding the damages awarded on the counterclaim.
