Law360 Canada (November 24, 2023, 1:11 PM EST) -- Application by applicants for the return of their deposits aggregating $60,000. The parties entered into an agreement of purchase and sale (APS) for a new home in Thamesford, Ontario. The purchase price for the property was $680,000. Deposits in the aggregate amount of $60,000 were paid. The closing date was to be determined once site servicing was complete. Schedule C to the APS showed the floor plan for the main level. It appeared that the length of the structure was to be 48 feet and 7 inches. Within that measurement was one of 19 feet which seemed to start at the edge of an internal stairwell and end at the outside wall at the top of the plan. Ultimately, the parties agreed to close the transaction on December 30, 2022. A pre-delivery inspection occurred on December 22, 2022. The applicants’ lawyer wrote that the living room was approximately 25 per cent smaller than it should have been due to the wrong placement of the stairs. The applicants took the position the living room was only 14 feet, 9 inches long. The respondent’s answer was that the applicants continued to misinterpret the plan....