The plaintiff, as estate trustee of the deceased vendor's estate, sought damages for breach of contract arising from the defendant's failure to complete the purchase and sale of residential property.
The defendant was noted in default after his statement of defence was struck out.
The court found the defendant breached the agreement by failing to close on the extended closing date of 9 September 2022.
The vendor subsequently resold the property 82 days later for $70,000 less than the defendant's agreed purchase price.
The court awarded damages comprising the price differential, property taxes, utilities, home maintenance expenses, legal fees, and living expenses incurred in anticipation of closing, less the defendant's deposit with accumulated interest and pre-judgment interest.