SALE OF LAND - Agreement of purchase and sale - Breach of - Express term - Purchaser

Law360 Canada (April 28, 2023, 6:28 AM EDT) -- Application by Jeanne Gatoto (Gatoto) who sought an order permitting her to purchase property municipally known as 15 Beston Drive (the Property) or in alternative, an order that the down payment amount of $25,000, plus interest, be returned to her. The Respondent, 5GC Inc. (5GC), opposed the relief sought by Gatoto and submitted that she failed to purchase the Property pursuant to the terms of the option to purchase agreement entered into between the parties and so the agreement had expired and as such, she had forfeited the down payment amount. Gatoto lived at the Property since November 1, 2013. 5GC was Gatoto’s landlord. 5GC had five directors and shareholders. Crozier purchased the Property on behalf of 5GC as an investment property. In September 2013, the parties entered into an Option to Purchase Agreement along with a companion Lease Agreement with respect to the Property....
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