The appellant vendor appealed a Small Claims Court judgment limiting her damages for a failed condominium assignment transaction based on a mutual release.
The Divisional Court found the trial judge erred in concluding the release was binding, as it lacked the required signature of the realtor, and erred in finding the appellant was estopped from challenging its validity.
The court set aside the trial judgment, recalculated the appellant's damages for the respondents' breach of contract, and awarded her a net sum of $10,911.90 from the deposit.
