This appeal concerned a post-closing dispute over HST liability following the sale of a mixed-use property.
The purchasers' counterclaim, alleging HST liability, was dismissed at trial on the basis that they suffered no loss and arguably benefited from a windfall.
The Court of Appeal upheld the trial judge's finding that the purchasers suffered no loss, which justified the dismissal of the counterclaim.
Consequently, the appeal was dismissed, and it was deemed unnecessary to address other legal arguments regarding the Excise Tax Act or post-closing readjustment.
