Blank v. 1224850 Ontario Limited

Blank v. 1224850 Ontario Limited

The appellant's breach of the agreement's due diligence term was determinative; paragraph 5.2 allowed the respondent to rescind and recover deposits, and no genuine issue of fact was raised, so summary judgment was correctly granted and the appeal dismissed.

Citation
C31113, C31114, C31115
Parties
Appellant/plaintiff: Bernard Blank; Respondent/defendant: 1224850 Ontario Limited; Respondent/defendant: Spencer Romberg; Respondent/defendant/plaintiff by Counterclaim: Stephen Auerback
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
2 July 1999
Procedural Posture
Civil Appeal / Appeal From Summary Judgment and Motion to Amend
Outcome
Appeal dismissed; summary judgments affirmed
Legal Topics
Summary Judgment, Amendment of Pleadings, Due Diligence Clause, Contract Termination, Costs
Source Language
English
Civil Procedure Contract Law Real Property Appeal Summary Judgment Amendment of Pleadings Due Diligence Clause Contract Termination +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Bernard Blank

Appellant/plaintiff

1224850 Ontario Limited

Respondent/defendant

Spencer Romberg

Respondent/defendant

Stephen Auerback

Respondent/defendant/plaintiff by Counterclaim

Procedural Posture

Civil Appeal / Appeal From Summary Judgment and Motion to Amend

Legal Issues

  1. 1 Whether the appellant's proposed amendment could create a genuine issue for trial
  2. 2 Whether the appellant's failure to comply with the agreement's due diligence term defeats his claim
  3. 3 Whether paragraph 5.2 of the agreement entitled the respondent to rescind and recover deposits

Ratio Decidendi

The appellant's breach of the agreement's due diligence term was determinative; paragraph 5.2 allowed the respondent to rescind and recover deposits, and no genuine issue of fact was raised, so summary judgment was correctly granted and the appeal dismissed.

Court Disposition

Appeal dismissed; summary judgments affirmed

Orders

  • Summary judgments dismissing the appellant's action and granting 1224850 Ontario Limited judgment on its counterclaim
  • Appeal dismissed