8 May 2023
KEB Hana Bank Canada v Gil Shcoylar
In the legal case between KEB Hana Bank Canada ("plaintiff" or "KEB") and Gil Shcoylar ("defendant" or "Shcoylar"), dated May 8, 2023 the plaintiff sued the defendant for breaching agreements of purchase and sale (APS). The dispute centered around the defendant's alleged unconditional offer to buy three properties in Bonnechere Valley, Ontario, which the plaintiff was selling under power of sale. The plaintiff accepted the offer, finalizing the deal, but the defendant expressed a desire to back out. KEB sought payment and forfeiture of a $100,000 deposit, part of the APS, which the defendant had not provided upon acceptance.
The court found that the APSs were indeed valid and binding, with the defendant's signatures being authenticated by the broker's testimony and business practices. The court ruled that the defendant owed the plaintiff the unpaid deposit of $100,000 and that it should be forfeited as stipulated in the APS. The court also dismissed the defendant's accusations against the plaintiff and their counsel, deeming them unsupported.
This decision aligns with established legal principles that deposits in real estate transactions secure performance and can be forfeited if the purchaser fails to complete the transaction. The court emphasized the binding nature of the deposit, emphasizing its role in motivating parties to honor their commitments. The court advised the parties to settle costs privately and set a deadline for any costs submissions if needed.