2 total
Contract Relief denied
The plaintiff, KEB Hana Bank Canada, sued the defendant, Gil Shcoylar, for breach of agreements of purchase and sale (APS) after the defendant repudiated an unconditional offer to purchase three properties and failed to pay a $100,000 deposit.
The defendant argued the agreements were not binding due to alleged lack of signature and that no damages were sustained as the properties were later sold.
The court found the APSs valid and binding, accepting the real estate broker's testimony over the defendant's contradictory denials of signature.
The court ruled that an unpaid, unconditional deposit can be forfeited, awarding the plaintiff the $100,000 deposit.
An email acknowledging a debt with the sender's name constitutes a valid signed acknowledgement.
The appellant appealed a Small Claims Court judgment ordering him to repay a $20,000 loan, arguing the claim was statute-barred.
The Divisional Court dismissed the appeal, finding that part payments made by the appellant's company extended the limitation period for both the company and the appellant.
Furthermore, the court held that an email sent by the appellant acknowledging the debt and containing his name constituted a signed acknowledgement in writing under section 13 of the Limitations Act, 2002, which also extended the limitation period.
