Court of Appeal for Ontario

Citation: Ezidiegwu v. Manorgate Homes (Whitby) Inc., 2025 ONCA 154

Date: 20250227

Docket: COA-24-CV-0798

Before: Nordheimer, Gomery and Dawe JJ.A.

Between

Amaka Theodora Ezidiegwu

Plaintiff (Appellant)

and

Manorgate Homes (Whitby) Inc., also known as Manorgate Homes Inc.

Defendant (Respondent)

Counsel:

Matthew Tubie, for the appellant

Greg Roberts, for the respondent

Heard and released orally: February 26, 2025

On appeal from the judgment of Justice Janet E. Mills of the Superior Court of Justice, dated July 5, 2024.

REASONS FOR DECISION

[1] The plaintiff/purchaser appeals from the summary judgment granted by the motion judge that found that the appellant had breached the agreement of purchase and sale. The record is clear that the appellant was never in a position to close the transaction. The one-day error by the respondent in setting the closing date was a minor one and was immaterial to the appellant’s ability to complete the purchase. In light of those facts, the motion judge was correct in concluding that there was no basis for the appellant’s claim for damages or for the claim for a certificate of pending litigation.

[2] The appeal is dismissed. Costs of the appeal fixed at $15,000 inclusive of disbursements and HST. We do not award costs of the motion before the Registrar.

“I.V.B. Nordheimer J.A.”

“S. Gomery J.A.”

“J. Dawe J.A.”