SALE OF LAND - Agreement of purchase and sale - Breach of - Damages - Specific performance

Law360 Canada (August 17, 2023, 6:05 AM EDT) -- Appeal by appellants from trial judge’s order that Agreement of Purchase and Sale be specifically performed; Cross-appeal by respondents from trial judge’s costs award. The appellants submitted the trial judge erred in allowing the respondent to resile from its election to claim only damages at trial and in concluding that specific performance was available or appropriate. The appellants had been owners of and resided at the Westney property. The Westney property was listed for sale. Lin, the respondent’s then sole director and officer, his son, and the respondent’s real estate agent met with the appellants and their agent. The parties entered into the Agreement of Purchase and Sale (Agreement) for the respondent’s purchase of the appellants’ family residence. As its then sole director and officer, Lin signed the Agreement on behalf of the respondent. The Agreement became binding. The appellants decided not to sell the property, and they refused to complete the sale on the scheduled closing date. The respondent commenced an action seeking specific performance of the Agreement. The respondent obtained leave to amend its statement of claim to include an alternative claim for damages arising out of the appellants’ breach. The trial judge granted the respondent specific performance of the Agreement and awarded respondent its costs....
LexisNexis® Research Solutions

Related Sections