Court of Appeal for Ontario

Date: 2025-06-20
Docket: COA-23-CV-1138

Before: Janet Simmons, Paul Rouleau, and S.E. Pepall

Between

Anne Hlynski
Plaintiff (Respondent)

and

Saeed Khalilmou Mamaghani and Hamideh Javadkhani
Defendants (Appellants)

Appearances:
Hugh Scher, for the appellants
Robert Leck, for the respondent

Heard and released orally: June 18, 2025

On appeal from the order of Justice R. Cary Boswell of the Superior Court of Justice, dated September 25, 2023.

Reasons for Decision

[1] In determining the measure of the respondent’s damages for the appellants’ acknowledged breach of an agreement of purchase and sale, the trial judge relied on settled authority from this court: 642947 Ontario Limited v. Fleischer et al., 56 O.R. (3d) 417; Arista Homes (Richmond Hill) Inc. v. Rahnama, 2022 ONCA 759. He did not err in doing so or in concluding that the sale price that the respondent obtained in reselling the property was reasonable. That conclusion was supported by the appellants’ post-breach offer, the valuation tendered by the appellants, and the agent’s advice that the market supported the listing price. We see no basis on which to interfere with the trial judge’s findings of fact.

[2] Further, the trial judge did not err in accepting the respondent’s son’s evidence about the very modest carrying costs, even though the son did not provide receipts. The trial judge was entitled to find the son’s evidence credible.

[3] The appeal is therefore dismissed.

[4] Costs of the appeal are to the respondent on a partial indemnity scale in the amount of $10,000, inclusive of disbursements and HST.

Janet Simmons
Paul Rouleau
S.E. Pepall