The applicant, Grant Allen McDonald, sought a declaration that the respondent estate trustees breached an agreement of purchase and sale after a fire destroyed the subject property before closing.
The applicant wanted to proceed with the sale, subject to a guarantee of minimum insurance proceeds.
The court found that the applicant’s insistence on a guaranteed amount of insurance proceeds constituted a repudiation of the agreement, entitling the respondents to terminate the agreement and retain the deposit.
The application for specific performance or relief from forfeiture was dismissed.
