The plaintiffs, Kevin Patrick O’Hare and Karen O’Hare, brought a motion for summary judgment against Christopher William Wyton for breach of an Agreement of Purchase and Sale (APS) for a residential property.
Wyton failed to close the transaction, leading the O'Hares to resell the property at a lower price and incur additional carrying costs.
Wyton argued that the closing date was extended by the O'Hares' agent and that the O'Hares failed to reasonably mitigate their damages.
The court found that the closing date was not extended as per the APS's requirement for a written agreement, and that the O'Hares took reasonable steps to mitigate their losses.
Summary judgment was granted in favour of the O'Hares for damages totaling $56,861.90, less an $8,000 deposit.
