Court of Appeal for Ontario
CITATION: Farid v. Porteous, 2015 ONCA 413
DATE: 20150608
DOCKET: C59758
BEFORE: Feldman, Hourigan and Benotto JJ.A.
BETWEEN
Muhammad Farid
Plaintiff (Appellant)
and
Lynn Irene Porteous
Defendant (Respondent)
COUNSEL:
Muhammad Farid, acting in person
Glenn Elliott, for the respondent
HEARD: June 5, 2015
On appeal from the judgment of Justice Mark L. Edwards of the Superior Court of Justice, dated November 28, 2014.
APPEAL BOOK ENDORSEMENT
[1] The appellant, Mr. Farid appeals the decision of the motion judge granting summary judgment dismissing his claim for specific performance and granting the counterclaim for damages resulting from a failed residential real estate transaction.
[2] The appellant submits that the motion judge erred in his review of the evidence and that he was able to close the transaction. His position is that the funding from his mortgage lender was not available because the respondent’s solicitor would not permit his mortgage broker to have access to the property on the day of closing. The appellant also submits that the motion judge erred in awarding damages to the respondent on the counterclaim.
[3] We would not give effect to either of these grounds of appeal.
[4] The appellant did not file any evidence from his solicitor or his mortgage broker. The respondent filed an affidavit from her lawyer which contradicted the appellant’s position. On the evidence before the motion judge, we see no error in his conclusion that the appellant, through no fault of the respondent or her lawyer, was not able to close the transaction because he was not in funds.
[5] We also see no error in the motion judge’s awarding of damages on the counterclaim. The damages are reasonable and flow from the breach of the Agreement of Purchase and Sale. In any event, the respondent was entitled to the entirety of the $5,000 deposit and only $4,200 was awarded in damages.
[6] The appeal is dismissed with costs fixed in the amount of $6,000 to the respondent, inclusive of disbursements and H.S.T.