The applicant vendor sought a declaration that the respondent purchasers repudiated an agreement of purchase and sale for a new home, and that the vendor was entitled to resell the property.
The purchasers brought a counter-application seeking specific performance or damages, alleging the vendor breached the agreement by unilaterally setting closing dates contrary to the Tarion Addendum.
The court found that the vendor properly extended the closing dates due to unavoidable delays caused by the COVID-19 pandemic, in compliance with the Tarion Addendum.
The purchasers failed to close on the agreed date, entitling the vendor to terminate the agreement.
The court granted the vendor's application to remarket the property and dismissed the purchasers' counter-application, adjourning the issue of deposit forfeiture to a summary hearing on damages.