William T.J. Chapman

This appeal arose from a failed residential real estate transaction where the appellant purchasers breached the agreement.

The respondent vendors obtained summary judgment for damages, which the appellants challenged, arguing that the vendors failed to mitigate damages by selling the property at an improvident price and that the matter was unsuitable for summary judgment.

The Court of Appeal dismissed the appeal, affirming the motion judge's decision that a trial was unnecessary.

The appellate court found that the appellants failed to satisfy their onus to establish improvident sale, noting their failure to adduce expert evidence or cross-examine on affidavits during the summary judgment motion.

The appellants appealed a summary judgment that found Trevor Bond personally guaranteed a mortgage debt and challenged the calculation of the amount due, including a "bonus" interest, and the adequacy of notice for power of sale.

The Court of Appeal dismissed the appeal, upholding the motion judge's findings.

The court affirmed that objective contract interpretation applied to the personal guarantee, that the bonus interest was properly included based on the agreement, and that adequate notice for power of sale was provided.