The plaintiff, 2651171 Ontario Ltd. ("265"), sued the defendant Patrick Brey ("Brey") and listing agent Grapevine Realty for breach of contract and negligent misrepresentation after a real estate purchase agreement for a fourplex failed to close.
Brey counterclaimed for damages and cross-claimed against Grapevine, also initiating a third-party claim against his agent, Ryan Rogers.
Both 265 and Brey brought duelling motions for summary judgment. 265 sought the return of its $25,000 deposit and costs, and dismissal of Brey's counterclaim.
Brey sought to keep the deposit and damages.
The court dismissed 265's claims, finding that its objection regarding the property's lawful use as a fourplex was not raised within the contractual deadline and did not go to the root of title.
The court also found that 265's claim for fraudulent misrepresentation was not properly pleaded.
Brey's motion for summary judgment and his counterclaim were granted.
Brey was awarded damages for direct loss on the sale and related expenses, including legal fees and interest on lost investment income, totaling $52,216.65, with the $25,000 deposit applied towards these damages.
