Overview:

• Issue: Applicant sought the return of a $46,500 deposit paid for a duplex purchase after the sale failed to close as scheduled.

Key Points:

1. Agreement: Signed on January 26, 2022, with a closing date of September 12, 2022. Clause 15.1 required written changes to the agreement.
2. Closing Failure: Respondent claimed the closing date was flexible, requiring 35 days' notice, not clearly stated in the contract.
3. Deposit: Applicant requested a refund when informed of the delay. Respondent had already paid a realtor commission of $17,460.45, which was premature.
4. Estoppel Argument: Respondent argued the Applicant agreed to delay the closing when agreeing to a price increase in March 2022. The Applicant denied this.
5. Court's Findings:
   • No written agreement to change the closing date.
   • The realtor commission payment was unnecessary.
   • The procedure was appropriate for the case.

Judgment:

• Award: $46,500 plus interest
• Costs: Awarded to the Applicant on a solicitor-client basis

Conclusion: The court ruled in favor of Oksana Nagorniuk, ordering the return of the deposit due to the absence of a written agreement to extend the closing date and the unnecessary realtor commission payment.