The appellants, a builder and developer, appealed a Small Claims Court decision dismissing their claim for $6,814.84 against the respondent purchasers.
The appellants sought reimbursement for costs incurred after the respondents refused to voluntarily grant a maintenance easement to their neighbours, arguing this breached the Agreement of Purchase and Sale.
The Divisional Court dismissed the appeal, finding that the relevant clause in the agreement only pertained to utility easements, not maintenance easements, and therefore the respondents had not breached the contract.
