Background:

• Issue: Appeal from the Superior Court of Justice's dismissal of Mouralian's action for the return of her $70,000 deposit after a failed real estate transaction.
• Context: Mouralian could not obtain financing to purchase Groleau's property priced at $1,499,000. Groleau subsequently sold the property at a profit.

Lower Court Decision:

• Motion Judge: Justice Jasmine T. Akbarali
• Outcome: Summary judgment in favor of Groleau, dismissing Mouralian's action and awarding Groleau $12,000 in costs.

Appellant's Arguments:

1. Unconscionability: Groleau should not keep the deposit as she suffered no loss.
2. Capacity: Mouralian lacked capacity to enter the agreement due to mental health issues and recent bereavement.
3. Fresh Evidence: Mouralian sought to introduce new medical evidence to support her lack of capacity claim.

Court of Appeal's Analysis:

1. Fresh Evidence: Rejected as it was improperly submitted and did not conclusively show lack of capacity.
2. Motion Judge's Decision: Affirmed, as no reversible error was found.
3. Two-part Forfeiture Test (Stockloser v. Johnson):
   • Proportion of Damages: Assumed in favor of Mouralian as Groleau did not suffer a loss.
   • Unconscionability: Not established. Factors considered:
     • No inequality of bargaining power.
     • Arms-length negotiation with agents.
     • Appellant's intent to complete the transaction until financing fell through.
     • Past real estate experience of the appellant.

Conclusion:

• Appeal Dismissed: No basis for intervention.
• Costs: Respondent entitled to partial indemnity costs, to be agreed upon or submitted in brief written form within 7 days. No amount specified.