The appellant appealed an order finding that the respondent was entitled to terminate an agreement of purchase and sale based on an environmental condition.
The condition allowed the respondent to terminate the agreement in its sole and unfettered discretion based on its satisfaction with the property's physical condition.
An environmental assessment revealed soil permeability issues that affected the respondent's plans to develop a scrap metal facility.
The Court of Appeal dismissed the appeal, agreeing with the application judge that the respondent acted reasonably and in good faith in exercising the termination clause.
