The defendants brought a motion for summary judgment to dismiss the plaintiff's action for the recovery of a deposit paid under an Agreement of Purchase and Sale (APS).
The plaintiff, Michael Asumeng, failed to secure financing by the closing date, leading to the termination of the APS by Cachet Estate Homes (Orangeville) Inc. and forfeiture of his $43,826.19 deposit.
The court found no valid cause of action against the individual defendant, Marilyn Rendine, an employee of Cachet Orangeville.
The court determined that Cachet Orangeville acted in good faith, properly terminating the APS and retaining the deposit due to the purchaser's repeated breaches.
Summary judgment was granted, dismissing the plaintiff's claim and awarding costs to the defendants.
