The appellant appealed a summary judgment award granted to the respondents for breach of a residential real estate purchase agreement.
The motion judge awarded damages of $122,221.33, comprising $75,000 in lost property value and $47,221.33 in consequential damages including financing and carrying costs, less the appellant's $35,000 deposit.
The appellant challenged only the damages award, seeking a reduction of approximately $50,000.
The Court of Appeal dismissed the appeal, upholding the damages award and rejecting the appellant's arguments regarding mitigation, adverse inference, and foreseeability of consequential damages.
