2 total
The court ordered the return of a real estate deposit via relief from forfeiture but dismissed claims for remote damages.
The plaintiff brought a motion for summary judgment seeking the return of a $20,000 deposit and damages related to an aborted real estate transaction.
The defendant, the vendor, failed to provide full access for an inspection, which prevented the plaintiff from securing financing.
Although the defendant later offered to cure the breach, the plaintiff had already purchased another property.
The court granted relief from forfeiture, ordering the return of the deposit, but dismissed claims for damages based on the difference in property prices, land transfer tax, and interest rates, finding them not recoverable or too remote.
The plaintiff was awarded costs for the aborted transaction and the motion.
Application dismissed for lack of jurisdiction as Tribunal cannot decide disputes between condominium corporations.
The applicant, an owner and board member of the respondent condominium corporation, brought an application regarding visitor parking enforcement changes made by an intervening condominium corporation under a shared facilities agreement.
The intervenor moved to dismiss the case for lack of jurisdiction.
The Tribunal dismissed the application, finding that the dispute was essentially between two condominium corporations and that the Tribunal has no statutory authority under the Condominium Act, 1998 to decide disputes between corporations or cases brought by individuals against corporations where they are not owners.
