Shane Greaves

The plaintiff, a real estate developer, brought a motion for summary judgment against the self-represented defendant for breach of contract after the defendant failed to close a home purchase, claiming damages of $622,505.66.

The court found that despite the plaintiff's arguments, the evidentiary record, including the defendant's unsworn affidavit, possibly raised genuine issues for trial concerning contract formation, extension agreements, market value, damages calculation, and mitigation.

The court adjourned the motion to allow for cross-examinations of the plaintiff's affiants and recommended the defendant retain legal counsel, emphasizing the need for a just determination based on a complete evidentiary record.

The plaintiff, a real estate developer, brought a motion for summary judgment against the defendant purchaser who failed to close a real estate transaction.

After the defendant failed to file responding materials as ordered, the court struck the statement of defence and treated the matter as an in-writing motion for default judgment.

The court found the plaintiff proved its claim for breach of contract and awarded damages for the loss of the bargain and consequential carrying costs.

The plaintiff vendor brought a motion for summary judgment against the defendant purchasers for failing to close a real estate transaction.

The defendants raised defenses of frustration due to a market drop, delay, misrepresentation, and bribery, all of which were rejected by the court.

The court awarded damages for loss of bargain based on the difference between the contract price and the appraised value.

However, the court refused to enforce a 20% interest rate clause in the standard form agreement, finding it to be a surprisingly onerous term that was not drawn to the defendants' attention.

The applicant mortgagor defaulted on its mortgage and the respondent mortgagee issued a Notice of Sale.

The applicant brought an urgent application seeking to set aside the Notice of Sale, arguing it contained errors regarding the principal amount, property description, and was unsigned, and sought an injunction to stop the pending sale.

The court dismissed the application, finding that under a standard of commercial reasonableness, the alleged errors did not cause prejudice or confusion to the applicant, who was aware of the property and the default.

The court also declined to grant an injunction for an alleged improvident realization, noting it was not ancillary relief and would require a trial.