The plaintiff vendor brought a motion for summary judgment against the defendant purchaser for damages arising from a failed real estate transaction for a pre-construction home.
The defendant argued the property was subject to undisclosed environmental contamination and restrictions.
The court found no evidence of contamination and noted the defendant had a proxy sign the agreement and failed to exercise a solicitor review condition.
Summary judgment was granted for the plaintiff, awarding damages for the loss on resale and carrying costs, though a claim for interest was rejected.
Partial summary judgment was also granted dismissing the defendant's counterclaim against the plaintiff and its brokers.
