The plaintiffs moved for summary judgment seeking specific performance of an Agreement of Purchase and Sale for a cottage property.
The defendants failed to close the transaction, arguing the agreement was void due to unfulfilled conditions regarding severance under the Planning Act and uncertainty over rights of way.
The court found the agreement valid and binding, noting the defendants could not rely on their own failure to obtain the necessary severances to terminate the contract.
Finding the property uniquely suited to the plaintiffs' needs, the court granted summary judgment and ordered specific performance.
