M. Olanyi Parsons

The plaintiff purchaser failed to close a real estate transaction after being unable to secure financing.

The defendant vendor subsequently sold the property for a higher price and brought a summary judgment motion to retain the $70,000 deposit.

The plaintiff sought relief from forfeiture, arguing she lacked capacity due to mental health struggles when signing the agreement.

The court granted summary judgment to the defendant, finding no inequality of bargaining power or improvident bargain, and ordered the deposit forfeited.

The plaintiff moved for summary judgment on its action for a debt owed under a share purchase agreement and to dismiss the defendant's counterclaim.

The defendant alleged unwritten collateral agreements and illegal conduct by the plaintiff but provided no evidence to support these claims.

The court found no genuine issue requiring a trial, noting the defendant's allegations were bald and self-serving.

The court also found the defendant's counterclaim was statute-barred.

Summary judgment was granted in favour of the plaintiff for $289,000, and the counterclaim was dismissed.