S. Joshi

The applicants sought to rescind an agreement of purchase and sale for a condominium unit after the developer added a fourth floor to the building, arguing this was a material change under the Condominium Act, 1998.

The court found the addition of the fourth floor was objectively a material change, but held the applicants lost their statutory right to rescind by failing to act within the 10-day period prescribed by the Act.

The court also rejected the argument that the change constituted a fundamental breach at common law, as the applicants would still receive the same unit as described in the agreement.

The application was dismissed and costs awarded to the respondent.

The applicant wife sought interim spousal support on an urgent basis due to economic hardship.

The respondent husband contested entitlement and quantum.

The court found the applicant was entitled to both compensatory and non-compensatory support, noting she relocated for the marriage and became financially dependent.

Applying exceptions to the Spousal Support Advisory Guidelines (SSAGs) due to compelling financial circumstances and the short duration of the marriage, the court ordered the respondent to pay $2,200 per month in interim spousal support for 12 months, effective January 1, 2021.