The appellants appealed a Superior Court judgment that found a binding agreement for the purchase and sale of their Brampton home and ordered specific performance.
The appellants argued the application judge erred in concluding there were no material facts in dispute, that the respondents' offer was null and void, and that there was no evidence supporting a finding of counteroffer.
The Court of Appeal rejected all arguments, finding that the appellants' signing and returning of the offer, combined with subsequent conduct consistent with a binding agreement (accepting a deposit cheque and restricting home revisits to those permitted by the offer terms), established a binding contract.
The appeal was dismissed with costs awarded to the respondents.
