Background: Jeffrey Anton Mandl and the defendants, Wai Ming Fong, Xiao Li Liu, and Navdeep Singh Mahli, entered into a contract for the sale of Mandl’s property in Kelowna, British Columbia. The purchase price was $1,115,000, with a completion date initially set for May 31, 2022, extended to July 18, 2022. The defendants failed to complete the purchase, leading Mandl to treat this as a repudiation of the contract and sell the property for $740,000.

Legal Arguments/Issues: Mandl sought damages for breach of contract. The defendants claimed Mandl made fraudulent or negligent misrepresentations in the Property Disclosure Statement (PDS), inducing them into the contract, and counterclaimed for rescission and damages. Mandl applied for summary judgment against the defendants and for dismissal of their counterclaim. The defendants argued the case was too complex for summary judgment due to credibility issues and the need for further discovery.

Held: The court found the case suitable for summary trial, ruling the defendants had waived their right to rely on the PDS by accepting the property "as is" in the contract, making their misrepresentation claims unsustainable. The court determined that Mandl met his burden of proof and the defendants failed to show they relied on any alleged misrepresentations.

Costs/Damages Awarded: The court awarded Mandl $362,920.76 in damages, including the loss on resale ($375,000), legal fees ($1,879), utilities ($1,044.12), property taxes ($1,081.33), mortgage interest ($4,094.16), and repair costs ($29,822.15), less the $50,000 deposit.