2 total
Summary judgment granted to sellers in aborted real estate transaction; purchaser knew true zoning before offering.
The plaintiffs brought a motion for summary judgment against the defendant purchaser after an aborted real estate transaction.
The defendant claimed she refused to close because the property was zoned W2 rather than residential as advertised on the MLS listing.
Following a mini trial to assess credibility, the court found text message evidence proved the defendant discovered the true W2 zoning before submitting her offer and was pleased with it.
The court concluded the defendant did not rely on the MLS representation, granted summary judgment to the plaintiffs, and awarded damages for the difference in resale price and carrying costs.
The court dismissed an appeal of a firearms forfeiture order based on unsafe storage.
The appellant, Phillip Rodd, appealed a decision ordering the forfeiture of his firearms and a three-year weapons prohibition under s. 117.05(4) of the Criminal Code.
The appeal challenged the application judge’s findings on the basis of misapprehension of evidence, reliance on hearsay, and failure to consider the appellant’s circumstances.
The Superior Court of Justice found that the application judge properly considered all evidence, including hearsay, and applied the correct legal test.
The appeal was dismissed.
