The appellants appealed a summary judgment granted against them in a failed real estate transaction.
The motion judge found no genuine issue for trial regarding defences of non est factum, failure to tender (due to anticipatory breach), and the appropriateness of summary judgment despite an outstanding third-party claim.
The appeal also challenged the assessment of damages, specifically the foreseeability of bridge financing costs and mitigation efforts.
The Court of Appeal dismissed the appeal, affirming the motion judge's findings and reasoning.
