Background Facts: On August 8, 2023, the parties had entered into a Contract of Purchase and Sale (CPS) for the property at 4429 Savoy Street, Delta, BC. The defendant, An Er Jiang, failed to pay the deposit after purportedly removing conditions necessary for the sale. Consequently, the plaintiffs sold the property at a lower price, resulting in a financial loss.

Legal Arguments/Issues: The plaintiffs argued they had a binding agreement with Jiang, who breached the CPS by not paying the deposit after the subject removal document was received on August 25, 2023. Conversely, Jiang contended her realtor submitted the subject removal document without her authorization, claiming she did not intend to complete the transaction due to a lack of financing. She argued her realtor acted without her authority, creating a factual dispute unsuitable for summary trial.

Held: Justice Gibb-Carsley determined the matter was not suitable for summary trial due to unresolved factual disputes, particularly regarding the defendant's intent and the realtor's authority. Consequently, the court referred the case to the trial list for a full hearing.

Conclusion and Costs: The application for summary trial was dismissed, and the matter was referred to the trial list. The defendant, An Er Jiang, was awarded costs at Scale B, payable by the plaintiffs in any event of the cause. Financial terms were not specified.