The plaintiffs brought a motion for summary judgment after the defendant failed to close on an agreement of purchase and sale for a residential property.
The defendant claimed she was misled about the legality of a basement apartment.
The court found no genuine issue for trial, noting that even if the defendant discovered the basement was not a legal rental unit after signing, she never raised it as a reason for not closing and had requested extensions for other reasons.
Summary judgment was granted in favour of the plaintiffs for the shortfall in the resale price and carrying costs.
