Matthew Jordan Cino

The plaintiffs sought summary judgment for damages arising from the defendants' breach of an agreement of purchase and sale for residential property.

The defendants agreed to purchase the property for $1,600,000 with an August 15, 2022 closing date but failed to close because the sale of their own home did not complete.

The plaintiffs subsequently resold the property to third parties for $1,325,000.

The court granted summary judgment, finding the agreement was unconditional, the defendants breached by failing to close, and the plaintiffs took reasonable mitigation steps.

The court awarded damages of $169,376.51 after deducting the forfeited deposit and saved commissions.

The plaintiff, Sameer Kochhar, brought a motion for default judgment against the defendants, McCall & Co., Andrew McCall, and Corey Rowe, for damages arising from an uncompleted renovation project, alleging breach of contract and fraud.

The defendants were noted in default.

The court granted compensatory damages of $31,500 and punitive damages of $30,000, finding the defendants' conduct intentional, deliberate, and reprehensible, especially given one defendant's criminal conviction for fraud related to the same facts.

The court declined to issue a premature declaration that the debt would survive bankruptcy, but characterized the debt as arising from false pretenses or fraudulent misrepresentation under the Bankruptcy and Insolvency Act.

Costs were awarded to the plaintiff on a substantial indemnity basis.

The applicant sought a declaration regarding ownership of chattels left on a property sold to one respondent, and damages for lost chattels.

The court found an agreement for storage constituted a gratuitous bailment, not a license, and that the chattels were not abandoned.

The respondent bailee improperly transferred possession of the chattels to a subsequent purchaser.

The court declared the applicant's ownership of the remaining chattels and ordered damages for the lost ones.