Maureen Louise Whelton

The appellant appealed a trial judgment regarding a real estate transaction.

The Court of Appeal dismissed the appeal, finding no error in the trial judge's decisions to permit an amendment to the claim for GST, to interpret the Agreement of Purchase and Sale as not requiring formal tender since the respondent was ready, willing, and able to close, and to award costs.

The appellant developer appealed a judgment granting specific performance of an agreement of purchase and sale for a residential condominium unit.

The application judge had found the developer breached the agreement by improperly setting confirmed occupancy dates and terminating the agreement due to delay.

The Court of Appeal held that the application judge erred in interpreting the agreement and in making factual findings based on inference without a trial.

The judgment was set aside, and the application was converted into an action to proceed to trial on the disputed factual issues.