Background
- Mattamy (Jock River) Ltd. and Moruf Abiodun Olatunji Ishola entered into an Agreement of Purchase and Sale on October 17, 2022, for property at 25 Stitch Mews, Ottawa, for $538,709 (including HST).
- The defendant paid $14,000 in deposits but failed to make further payments required by December 2022.
- Despite repeated notices, the defendant did not respond, leading the plaintiff to terminate the contract in January 2024.
- The property was resold on January 27, 2024, for $462,830, closing on April 25, 2024.
Legal Issues
- Breach of contract: The defendant failed to defend the action, resulting in deemed admissions.
- Damages: The court assessed losses as the difference between the original price and resale price, plus related costs.
Decision
- The court found the plaintiff had taken reasonable steps to mitigate losses and resold the property in a timely manner.
- Damages awarded included:
- $75,879 (price difference)
- $1,571.27 (legal fees)
- $24,264.22 (real estate fees)
- After deducting the deposit, the court awarded $87,714.49 in damages, plus pre- and post-judgment interest.
- Costs were set at $3,000 on a partial indemnity basis.
Outcome: Default judgment granted to the plaintiff for $87,714.49?.
