The Ontario Court of Appeal in Ezidiegwu v. Manorgate Homes on 26 February 2025 confirmed:
- Buyer breached the agreement of purchase and sale.
- the Buyer was never in a position to close the transaction.
- The one-day error by the Builder in setting the closing date was a minor one and was immaterial to the Buyer’s ability to complete the purchase.
- there was no basis for the Buyer’s claim for damages or for the claim for a certificate of pending litigation.
The appeal was dismissed and costs of the appeal were awarded to the Builder at $15,000 inclusive of disbursements and HST.
Brian Madigan LL.B., Broker