The case Tran v. 863195 Ontario Limited, 2024 ONSC 5423, involves a dispute between the plaintiffs, Lorna Tran and Andrew Ghosh-Youmans, and the defendant, 863195 Ontario Limited (Briarwood Development Group), over a breach of contract concerning a home purchase.

Key Points:

• Contract Dispute: The plaintiffs entered into an Agreement of Purchase and Sale (APS) on January 19, 2020, for $531,980. The defendant later sought to increase the price by $175,000 due to construction delays and rising costs.
• Plaintiffs' Claim: The plaintiffs argue that this price hike constituted a repudiation of the original contract. They seek specific performance or damages based on the property’s market value if the APS had been honored.
• Defendant's Defense: Briarwood claims that the delays were unavoidable (due to strikes and supply chain issues) and offered the plaintiffs the option of either accepting the price increase or receiving a full refund with additional compensation. The APS was still valid as the plaintiffs did not accept either option.
• Settlement Privilege Issue: The plaintiffs’ affidavit contains references to communications between the parties. The defendant argues these should be struck as they pertain to settlement negotiations. The court will address the admissibility of these statements during the summary judgment hearing.

The court decided that issues related to settlement privilege should be handled by the judge during the motion for summary judgment.

The document does not indicate a final decision regarding which party was successful or whether any monetary award.