The applicant, a condominium developer, sought declarations that the respondent purchaser breached an Agreement of Purchase and Sale (APS) by failing to close, that the agreement was terminated, and that the deposits paid by the respondent were forfeited.
The respondent argued misrepresentation, claiming the property was not a new pre-construction unit as understood, but an already constructed and occupied model suite.
The court found the respondent in breach of the APS, noting inconsistencies in the respondent's sworn affidavits regarding the agreement's validity.
The court granted the applicant's request, ordering the forfeiture and disbursement of the deposits to the applicant.
