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Summary judgment was granted to the plaintiff for damages arising from the defendant's failure to close a real estate transaction.
The plaintiff brought a motion for summary judgment against the defendant for breach of an agreement of purchase and sale (APS) after the defendant failed to close the transaction.
The defendant conceded liability but disputed damages and argued the plaintiff failed to mitigate.
The court granted summary judgment to the plaintiff, finding that the plaintiff made reasonable efforts to mitigate damages by reselling the property and was not obligated to accept the defaulting defendant's abated offer.
Damages were awarded based on the difference in sale price and carrying costs, with the defendant's forfeited deposit set off against the total.
The court granted specific performance of a real estate contract, finding the seller waived strict compliance with the deposit deadline.
The applicants sought specific performance of an agreement of purchase and sale for a 14-acre property intended for their trucking business.
The respondent, Kulwant Singh, refused to close, claiming the applicants' $100,000 deposit was delivered late, voiding the contract.
The court found the contract binding, as the respondents waived strict compliance by delaying the provision of their lawyer's name and by accepting the deposit.
The court also found Mr. Singh's conduct unreasonable and in bad faith.
Given the property's uniqueness, the inadequacy of damages, and the respondent's behaviour, the court granted specific performance, ordering the respondents to transfer the property.
