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Appeal dismissed in strata winding-up dispute; the consent order, listing process, service issue, liquidator appointment, and sale approval were upheld.
The court cancelled a certificate of pending litigation because the pleading did not claim an interest in land, but declined to order release of the remaining deposit.
The proviso 'To be verified' did not impose a pre-contractual obligation on the purchaser nor shift the risk of inaccurate lot dimensions to him; given the motion judge's finding that the discrepancy was outside the 'more or less' tolerance, the purchaser was entitled to rescind and recover the $100,000 deposit together with applicable interest, and the summary judgment denying recovery was set aside.
Source excerpt
The court approved Polygon Pacific Homes Ltd.’s amended offer to buy Seymour Estates, finding the bidding process fair and the overall value of Polygon’s offer superior.
The court held the buyer validly elected to terminate a real estate purchase contract when a mezzanine was not installed by the completion date, and ordered the $30,000 deposit returned.
The court cancelled CPLs over Sooke lands on security, finding the plaintiffs’ proprietary claims weak and the defendant had shown hardship from the blocked sale.
The court found the defendants breached a land sale contract and awarded the plaintiff $71,826.79, including loss on resale, limited carrying costs, and some legal fees.
The court dismissed the plaintiff’s claim to set aside a condominium transfer, found no fiduciary duty or misrepresentation, and granted the defendants possession and rent.
The court held there was no novation, limited contract damages to forfeited deposits of $360,000, and awarded $600,000 under an indemnity clause.
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