The appellant vendor appealed a decision of the License Appeal Tribunal awarding compensation to the respondent purchasers for breaches of a new home purchase agreement.
The vendor argued it was not liable for providing grey siding instead of antique rose, oak cabinets instead of natural maple, and for a delay in closing.
The Divisional Court dismissed the appeal, finding the vendor breached specific contractual obligations regarding the finishes and failed to provide an occupancy permit on closing, justifying the purchasers' refusal to close and entitlement to compensation.
