Ezidiegwu v. Manorgate Homes (Whitby) Inc.
The appellant was never in a position to complete the purchase; the respondent's one-day scheduling error was minor and immaterial to the appellant's ability to close; therefore summary judgment finding breach was correct and there was no basis for damages or a certificate of pending litigation.
Source-derived case information.
- Citation
- 2025 ONCA 154
- Parties
- Appellant: Amaka Theodora Ezidiegwu; Respondent: Manorgate Homes (Whitby) Inc., also known as Manorgate Homes Inc.
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 27 February 2025
- Procedural Posture
- Civil Appeal / Appeal From Summary Judgment (motion Judge)
- Outcome
- Appeal dismissed.
- Legal Topics
- Breach of Contract, Summary Judgment, Certificate of Pending Litigation, Damages, Closing Date, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amaka Theodora Ezidiegwu
Appellant
Manorgate Homes (Whitby) Inc., also known as Manorgate Homes Inc.
Respondent
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (motion Judge)
Legal Issues
- 1 Whether the appellant breached the agreement of purchase and sale
- 2 Whether the respondent's one-day error in setting the closing date excused the appellant or entitled her to damages or a certificate of pending litigation
- 3 Whether summary judgment was appropriate given the facts
Ratio Decidendi
The appellant was never in a position to complete the purchase; the respondent's one-day scheduling error was minor and immaterial to the appellant's ability to close; therefore summary judgment finding breach was correct and there was no basis for damages or a certificate of pending litigation.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- Costs of the appeal fixed at $15,000 inclusive of disbursements and HST.
Full Case Text
Judgment text and source record
1 paragraphs
Ezidiegwu v. Manorgate Homes (Whitby) Inc. Collection Decisions of the Court of Appeal Date 2025-02-27 Neutral citation 2025 ONCA 154 Docket numbers COA-24-CV-0798 Judges Nordheimer, Ian V.B.; Gomery, Sally A.; Dawe, Jonathan Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ezidiegwu v. Manorgate Homes (Whitby) Inc., 2025 ONCA 154 DATE: 20250227 DOCKET: COA-24-CV-0798 Nordheimer, Gomery and Dawe JJ.A. BETWEEN Amaka Theodora Ezidiegwu Plaintiff (Appellant) and Manorgate Homes (Whitby) Inc., also known as Manorgate Homes Inc. Defendant (Respondent) Matthew Tubie, for the appellant Greg Roberts, for the respondent Heard and released orally: February 26, 2025 On appeal from the judgment of Justice Janet E. Mills of the Superior Court of Justice, dated July 5, 2024. REASONS FOR DECISION [1] The plaintiff/purchaser appeals from the summary judgment granted by the motion judge that found that the appellant had breached the agreement of purchase and sale. The record is clear that the appellant was never in a position to close the transaction. The one-day error by the respondent in setting the closing date was a minor one and was immaterial to the appellant’s ability to complete the purchase. In light of those facts, the motion judge was correct in concluding that there was no basis for the appellant’s claim for damages or for the claim for a certificate of pending litigation. [2] The appeal is dismissed. Costs of the appeal fixed at $15,000 inclusive of disbursements and HST. We do not award costs of the motion before the Registrar. “I.V.B. Nordheimer J.A.” “S. Gomery J.A.” “J. Dawe J.A.”