A proposed purchaser under a second agreement of purchase and sale sought leave to intervene in litigation between the original purchaser and the vendor concerning the enforceability of an earlier agreement for the sale of condominium units.
The proposed intervenor also sought a mandatory order compelling completion of the second agreement, declaratory relief, and security for costs.
The court held the proposed intervenor would not assist in resolving the dispute between the original contracting parties and would merely duplicate the vendor’s position.
Any damages arising from failure to complete the second agreement would be compensable and properly pursued against the vendor in a separate proceeding.
The court dismissed the motion for intervenor status and related relief, refused the vendor’s request to withdraw its undertaking not to transfer title, and directed that the dispute proceed by expedited trial on the Commercial List.
