Gatoto v. 5GC Inc.
Jeanne Gatoto
Law Firm / Organization
Not Specified
Lawyer(s)

Allan Rouben

Summary: Jeanne Gatoto appealed the dismissal of her application to enforce an Option to Purchase Agreement or return a $25,000 downpayment with interest. The option allowed her to buy a property by a specified date, which she failed to meet, arguing that late rent receipts prevented her from securing financing.

Background: Gatoto entered a Lease and Option Agreement with 5GC Inc. for a property, with terms allowing her to purchase by October 31, 2016. After the deadline passed, she sought to enforce the option, claiming that delays in receiving rent receipts hindered her mortgage application.

Court Analysis and Decision: The Court of Appeal confirmed the trial court's decision that the Option Agreement's clear expiry did not extend beyond October 31, 2016. The court found no evidence linking the late receipt of rent receipts to Gatoto's inability to secure financing or exercise the purchase option. It dismissed Gatoto's request to extend the option exercise period or adjust the purchase price, emphasizing that the agreement contained specific deadlines that Gatoto failed to meet.

Outcome: The appeal was dismissed. The court affirmed that the Option Agreement expired as stipulated and found no causal connection between the provision of rent receipts and Gatoto's failure to exercise the purchase option. Costs of $12,500 were awarded to the respondent.

Court of Appeal for Ontario
COA-23-CV-0389
Real estate
$ 12,500
Respondent