The appellant vendor appealed a trial judge's decision permitting the respondent purchasers to terminate an Agreement of Purchase and Sale for a condominium unit.
The vendor had delayed the occupancy date beyond 120 days due to a strike.
The purchasers terminated the agreement pursuant to Schedule G, which the vendor had mistakenly included in the contract.
The Divisional Court dismissed the appeal, upholding the trial judge's finding that Schedule G was ambiguous and must be interpreted as applying to the interim occupancy date, thereby giving the purchasers the right to terminate.
