Colleen Butler

The plaintiff vendor brought a motion for summary judgment against the defendant purchaser for failing to close a real estate transaction.

The purchaser had entered into an unconditional agreement of purchase and sale but failed to close because she could not sell her own property in a cooling market.

The vendor relisted and sold the property for a lower price and sued for the difference and carrying costs.

The court granted summary judgment, finding the purchaser breached the agreement and the vendor reasonably mitigated her damages by reselling the property at fair market value.

The appellant, a Québec corporation, appealed the dismissal of its motion to stay proceedings brought by the respondent, an Ontario corporation, on the basis of jurisdiction and forum non conveniens.

The dispute involved a contract for the importation and sale of chicken.

The Court of Appeal found no palpable and overriding errors in the motion judge's findings that the contract was made in Ontario, the appellant carried on business in Ontario, and there was a real and substantial connection to Ontario.

The appeal was dismissed.