Seta Boyadjian

The plaintiff vendor and defendant purchaser entered into an agreement of purchase and sale for a residential property.

On the scheduled closing date, the purchaser advised she could not close due to lack of financing.

The vendor sent a letter stating this was an anticipatory breach and, unless they heard otherwise by end of day, would declare the agreement null and void and forfeit the deposit.

The purchaser's daughter confirmed the lack of financing.

The vendor subsequently resold the property at a loss and sued for damages.

The court found the vendor clearly and unequivocally accepted the anticipatory breach through its letter and subsequent conduct, entitling it to forfeiture of the deposit and damages for the resale loss.

The defendant brought motions for security for costs in two related motor vehicle accident actions commenced by spouses.

Although the plaintiffs had moved to Ghana and were therefore ordinarily resident outside Ontario, they proposed transferring the actions to Small Claims Court.

The court held that if the actions were transferred, security for costs would not be available because the Small Claims Court lacks jurisdiction to order it.

The decision on the motions was therefore reserved for 120 days to allow the plaintiffs to pursue transfer of the actions.