Background:

• In November 2016, the parties signed an Agreement of Purchase and Sale (APS) for a pre-construction residential property.
• The appellants provided a $250,000 deposit for a $2,421,844.51 property.
• Closing was initially scheduled for December 5, 2017, but delayed to February 15, 2018, due to construction delays.
• On February 7, 2018, appellants notified they couldn't close. The respondent terminated the APS on February 15, 2018, and sold the property 17 months later for $571,844 less than the original price.

Superior Court Decision:

• The respondent's motion for summary judgment was granted, awarding $1,074,196.37 plus interest to the respondent.
• The motion judge dismissed the appellants' arguments regarding the improper amendment of the APS and the excessive claim for damages.

Appellants' Arguments on Appeal:

• The motion judge’s reasons were inadequate for appellate review.
• The APS was improperly amended.
• The sale was improvident and damages were excessive.
• The pre-judgment interest rate of 20% was unenforceable and not disclosed.

Court of Appeal Decision:

• The appeal was allowed due to inadequate reasons from the motion judge.
• The order was vacated and the motion for summary judgment remanded to the Superior Court to be heard by a different judge on the same record.
• The appellants were awarded $14,220 in appeal costs.

Key Points:

• Inadequate Reasons: The motion judge failed to provide detailed reasoning, impeding effective appellate review.
• Breach of APS: The appellants’ failure to close was deemed a breach.
• Damages: The appellants contested the method and amount of damages awarded, including the interest rate applied.
• Remand: The case was sent back to the Superior Court for reconsideration by a different judge.