Paul Gemmink

The plaintiff brought a motion for summary judgment to enforce a settlement agreement against the defendant.

The agreement required the defendant to pay $30,000, failing which he would consent to judgment for liquidated damages of $60,000.

The defendant paid $10,000 but failed to pay the balance.

The court found that the liquidated damages clause was not an unenforceable penalty clause, as the amount was not extravagant or unconscionable compared to the original $200,000 claim.

The court granted summary judgment, holding the defendant liable for $60,000.

The plaintiff vendor brought a motion for partial summary judgment regarding a failed real estate transaction.

The defendant purchaser had demanded the return of his $60,000 deposit, alleging the vendor misrepresented the lot size based on an MPAC profile.

The vendor provided a registered survey confirming the lot size matched the Agreement of Purchase and Sale and accepted the purchaser's demand as an anticipatory breach.

The court found the lot size was correctly stated, the purchaser's conduct constituted an anticipatory breach, and ordered the $60,000 deposit forfeited to the vendor.