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Motion for leave to appeal dismissed without costs.
The moving party brought a motion for leave to appeal the decision of Parghi J. dated October 15, 2024.
The Divisional Court dismissed the motion for leave to appeal without costs.
Specific performance granted for aborted real estate sale as property was uniquely affordable for purchasers.
The plaintiffs brought a motion for default judgment seeking specific performance after the defendant breached an Agreement of Purchase and Sale for a residential property.
The defendant failed to close the transaction and was noted in default.
The court found the property was unique to the plaintiffs because it was within their budget in a rising real estate market and conveniently located near their workplaces.
The court granted specific performance but dismissed the plaintiffs' claim for incidental damages as it was not pleaded in the Statement of Claim.
