Tolamika Ventures Ltd. v. 1338642 B.C. Ltd.
Tolamika Ventures Ltd.
Law Firm / Organization
Zacharias Vickers McCann LLP
1338642 B.C. Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

D. Moonje

  • Facts: Tolamika Ventures Ltd. aimed to sell property to 1338642 B.C. Ltd. for $2,225,000. 1338642 B.C. Ltd. failed to complete the purchase by the agreed date and made a reduced offer of $1,950,000, which Tolamika rejected. Tolamika later sold the property for $1,600,000 after relisting.
  • Issue: The main legal issue was whether Tolamika Ventures Ltd. failed to mitigate its losses after 1338642 B.C. Ltd.'s breach of contract by not accepting the reduced offer for the property.
  • Court’s Ruling: The court found that Tolamika Ventures Ltd. did not take reasonable steps to mitigate its losses by refusing the reduced offer of $1,950,000 from 1338642 B.C. Ltd., considering the declining real estate market.
  • Costs/Damages Awarded: Tolamika’s loss was quantified at $311,559.27, based on the premise that it should have mitigated its loss by accepting the reduced offer after the breach of contract.
Supreme Court of British Columbia
S39592
Real estate
$ 311,559
Defendant