Maria Bursey

The plaintiffs (purchasers) brought a motion for summary judgment for the return of their $60,000 deposit after an abortive real estate transaction, and for the dismissal of the defendant vendor's counterclaim for breach of contract.

The agreement of purchase and sale was conditional on financing and review of a status certificate.

The conditions were not waived in writing by the deadline, rendering the agreement null and void.

The vendor argued the purchasers waived the conditions by their conduct.

The court granted summary judgment, finding no genuine issue requiring a trial, as the conditions were not waived and the purchasers made no misrepresentations.

The deposit was ordered returned and the counterclaim dismissed.

The plaintiff, Drew Reid, brought a motion seeking to quash the enforcement of Ganaraska Credit Union Ltd.'s mortgage, an accounting and return of personal possessions, and a finding of contempt against the defendants for allegedly defying a Canada Revenue Agency (CRA) lien.

The court dismissed the motion, finding that the mortgage sale was not a "fire sale" and was for fair value, the CRA lien did not claim priority over the mortgages, and the plaintiff's attempts to stay enforcement lacked merit, especially as the property had already been sold.

The court also clarified that a CRA lien is not a court order for the purposes of a contempt finding.