Valizadeh v. Residences of College Park Inc., 2010 ONCA 255
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
1Even 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.
2The 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.