The plaintiff sought summary judgment for damages arising from the defendants' breach of an agreement of purchase and sale for a home in Ilderton, Ontario.
The defendants refused to close, alleging the home was heavily saturated with cigarette smoke that was not disclosed.
The court found no reliable evidence of smoke, no representations made by the plaintiff regarding smoking, and no objectively reasonable danger posed by any smoke present.
The court granted summary judgment to the plaintiff, awarding damages of $280,612.08 plus prejudgment interest, finding no genuine issue requiring trial.
