Valizadeh v. Residences of College Park Inc., 2010 ONCA 255

DATE: 20100408

DOCKET: C51173

COURT OF APPEAL FOR ONTARIO

Doherty, Feldman and Cronk JJ.A.

BETWEEN

Siavash Valizadeh

Appellant

and

The Residences of College Park Inc.

Respondent

Counsel:

Alexander Gillespie, for the appellant

Harvin Pitch, for the respondent

Heard: April 7, 2010

On appeal from the order of Justice D.A. Wilson of the Superior Court of Justice, dated June 25, 2008.

APPEAL BOOK ENDORSEMENT

[1] Even if the 120-day notice requirement in the agreement of purchase and sale applied to the unit transfer date, the appellant, through the representations of counsel between August and October 2007, waived any right to rely on the 120-day notice requirement.

[2] The appeal is dismissed. The cross-appeal is dismissed as abandoned. Having regard to the disposition of the appeal and cross-appeal, costs to the respondent are fixed in the amount of $4,000.