Sharma v. Provident Holdings Limited
Mary Sharma
Law Firm / Organization
Cox & Palmer
Provident Holdings Limited
Law Firm / Organization
BoyneClarke LLP
Lawyer(s)

James D. MacNeil

·  Case Background:

  • Mary Sharma signed an Agreement of Purchase and Sale (APS) with Provident Holdings to buy a condominium unit.
  • The initial closing date was July 4, 2022, later postponed to October 14, 2022.
  • Provident terminated the agreement on October 13, 2022, citing alleged breaches by Mary, including unauthorized entry, assault, and defamatory language.

·  Legal Issues:

  1. Did Provident have cause to terminate the APS?
  2. Is Mary entitled to specific performance or damages?

·  Court Findings:

  • Provident did not have just cause to terminate the APS; breaches alleged by Provident were either non-material or not proven.
  • The court found Mary is entitled to specific performance of the contract due to the unique nature of the property and other equitable considerations.

·  Outcome:

  • Provident breached the APS by refusing to close.
  • Mary was awarded specific performance and associated damages.
  • Total monetary award was not specified.
Supreme Court of Nova Scotia
518406
Real estate
Applicant