Gurpreet Jassal

The plaintiffs brought a motion for summary judgment against the defendant purchaser in a failed real estate transaction.

The defendant refused to close on the purchase of a property after the title transferred from the original seller (Esther Hunter) to her Powers of Attorney (the plaintiffs' children) prior to the closing date.

The defendant claimed he was justified in refusing to close because he could not obtain title insurance due to concerns about the validity of the Power of Attorney.

The court found that the Agreement of Purchase and Sale was binding despite the title transfer, that the defendant did not provide a valid written objection to title by the required deadline, and that the requisitions raised were not proper title objections.

The court granted summary judgment for the plaintiffs in the amount of $248,318.60 less the $40,000 deposit, totaling $208,318.60, plus pre-judgment interest.

The defendant's counterclaim for return of the deposit was dismissed.

The applicant, a co-estate trustee and the lawyer who drafted the deceased's will, applied to remove the two respondent co-estate trustees (the deceased's sons).

The administration of the estate had stalled for four years due to hostility and lack of cooperation from the respondents, resulting in late tax filing penalties and the estate's main asset (a house) remaining uninsured while the respondents lived there rent-free.

The court found a clear necessity to remove the respondents as estate trustees to protect the estate assets and the welfare of the beneficiaries, particularly a third brother who was a disabled beneficiary of a discretionary trust.

The applicant was appointed as the sole estate trustee.