The appellant appealed a Small Claims Court decision dismissing her action for the return of a $10,000 deposit on a condominium purchase.
The agreement of purchase and sale included a condition that the offer was conditional on the appellant arranging satisfactory financing within 15 days, failing which the offer would be null and void and the deposit returned.
The trial judge found the appellant needed to waive the condition in writing if financing was unavailable.
The Divisional Court held the trial judge made a palpable and overriding error in misconstruing the agreement, as the offer automatically became null and void when the 15-day period elapsed without financing.
The appeal was allowed and the deposit was ordered returned to the appellant.
