Court File and Parties

COURT OF APPEAL FOR ONTARIO DATE: 20230130 DOCKET: C70777

Fairburn A.C.J.O., Simmons and Zarnett JJ.A.

BETWEEN

Wendy Warner Plaintiff/Moving Party (Respondent)

and

Maarouf Ahmadi Defendant/Respondent (Appellant)

Counsel: Ian Literovich, for the appellant Shaneka Shaw Taylor, for the respondent

Heard and released orally: January 26, 2023

On appeal from the order of Justice E.M. Morgan of the Superior Court of Justice, dated May 10, 2022.

Reasons for Decision

[1] This is an appeal from an order granting summary judgment for specific performance in relation to the purchase of a residential co-operative unit. The appellant anticipatorily breached the Agreement of Purchase and Sale.

[2] We reject the argument that the motion judge erred in finding the property was unique, justifying the remedy of specific performance. The motion judge’s findings are factually clear and supported by the record, all of which made it appropriate to order specific performance.

[3] We also reject the submission that the motion judge erred in finding the respondent was ready, willing and able to close the transaction. Again, this finding is squarely rooted in the motion judge’s findings of fact, which were available on the evidence.

[4] The appeal is dismissed. The appellant concedes that a reasonable amount of costs is $13,400, to be paid by the appellant to the respondent, all-inclusive.

"Fairburn A.C.J.O."

"Janet Simmons J.A."

"B. Zarnett J.A."