Monica Bui

The appellant appealed a summary judgment award of $366,513 in damages arising from a failed real estate transaction.

The appellant had waived the financing condition in an agreement of purchase and sale for $1,252,500 but failed to close due to lack of financing.

The respondents subsequently sold the property for $965,000.

The motion judge found the respondents had taken reasonable steps to mitigate their damages by refusing the appellant's subsequent offer to purchase at a lower price, particularly given the appellant's prior default and lack of proof of financing.

The Court of Appeal upheld the decision, finding no errors in the motion judge's legal analysis or assessment of evidence and no basis for interfering with the denial of the adjournment request.

The court granted summary judgment in favour of the plaintiffs, Benny and Joy Osajie, in a real estate transaction dispute.

The defendant, Eevine Alile, failed to close on an agreement of purchase and sale, alleging misrepresentation regarding square footage, poor property condition, and the absence of a basement tenant.

The court found no genuine issue requiring a trial on any of these grounds, dismissed the defendant’s counterclaim, and awarded damages and costs to the plaintiffs.