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Purchasers who failed to verify zoning forfeited deposit after refusing to close.
A vendor sought a declaration that purchasers breached an agreement of purchase and sale and that the deposit held in trust be released to the vendor.
The purchasers alleged fraudulent misrepresentation, arguing they were misled about the legality of their intended commercial use of the property.
The court held that the vendor made no fraudulent misrepresentation and that the purchasers failed to conduct due diligence despite contractual provisions allowing investigation and requisitions.
The illegal use of the property did not constitute a defect going to the root of title.
Applying the doctrine of caveat emptor, the court concluded the purchasers were in breach and the vendor was entitled to the deposit.
Appeal from preliminary catastrophic impairment decision accepted and arbitration expense hearing stayed pending appeal.
The appellant was injured in a motor vehicle accident and applied for statutory accident benefits, claiming a catastrophic impairment.
An arbitrator found the appellant did not sustain a catastrophic impairment and directed the parties to request an expense hearing if they could not agree on legal expenses.
The appellant appealed the preliminary decision and sought a stay of the expense hearing.
The Director's Delegate accepted the appeal, finding it raised important and novel issues, including whether impairments should be rated before future surgery.
The Delegate also granted a stay of the expense hearing, concluding it would be more cost-effective and efficient to determine the appeal first, as the expense hearing would likely duplicate the appeal issues.
