The defendants moved for summary judgment to dismiss the plaintiffs' action concerning a share purchase agreement for a commercial property.
The core issue was whether the defendant vendor used "best efforts" to satisfy a condition precedent requiring all litigation affecting the property to be resolved by the closing date.
The plaintiffs sought specific performance, arguing the condition was not met due to the defendant's breach.
The court found a genuine issue requiring a trial regarding the defendant's best efforts, dismissing the summary judgment motion.
The court also declined to discharge the plaintiffs' certificate of pending litigation or set aside an interlocutory injunction, and refused partial summary judgment on the defendants' counterclaim for unpaid rent due to intertwined factual issues.
