The plaintiff purchaser brought a motion under Rule 45.02 for an order requiring the defendant vendor to pay into court the deposit from an aborted real estate transaction.
The transaction failed to close because the vendor did not complete required electrical upgrades.
The plaintiff mistakenly signed a mutual release directing the deposit to the vendor, and the vendor's agent disbursed the funds.
The court found the plaintiff met the test for Rule 45.02, establishing a claim to a specific fund, a serious issue to be tried regarding the mistaken release, and that the balance of convenience favoured preserving the remaining $175,000 held by the vendor.
