The plaintiffs brought a motion for summary judgment against the defendant builder for breach of contract after the defendant unilaterally terminated agreements of purchase and sale for two new homes.
The defendant relied on an early termination condition in Schedule 'I' regarding the registration of a plan of subdivision.
The court found that Schedule 'I' was inconsistent with the mandatory Tarion Addendum and was therefore null and void.
The court granted summary judgment, finding the defendant breached the contracts and resold the properties at a profit, and awarded the plaintiffs $440,200 in damages based on the difference between the contract prices and the actual resale prices on the closing dates.
