Claims:

1. Fabco Claim: Breach of an Agreement of Purchase and Sale (APS) for a $4.5M property.
2. Title Claim: Injurious falsehood and slander of title due to adverse possession assertions by Gerald Anthony.

Key Findings:

1. Fabco APS Breach:

   • The APS, agreed upon in 2016, failed to close due to Jaymor (assignee of Fabco) repudiating the contract.
   • Jaymor argued the Plaintiffs could not provide marketable title due to Anthony’s adverse possession claim, which the court deemed baseless.
   • Plaintiffs were entitled to damages totaling $1,747,633.15, including lost purchase value, interest, and carrying costs. Fabco's $200,000 deposit was forfeited to the Plaintiffs.

2. Title Claim (Against Anthony):

   • Anthony’s baseless adverse possession claim and related filings delayed a subsequent sale (Marcello APS, 2017).
   • The court found Anthony liable for injurious falsehood and slander of title, awarding $57,790.88 in damages for losses due to the delayed closing.

3. Mitigation and Market Conduct:

   • Plaintiffs acted reasonably to mitigate damages by re-listing the property and rejecting unsuitable offers.

4. Counterclaims:

   • Defendants’ counterclaims for breach by Plaintiffs were dismissed.

Legal Principles Applied:

• Contract Law: Buyers cannot rescind contracts on speculative title defects unless substantive threats exist (Gajasinghe v. Dewar).
• Torts: Slander of title and injurious falsehood require malice, falsity, and resulting damages.
• Land Titles Act (Ontario): Adverse possession claims do not affect land registered under Land Titles Conversion Qualified.

Disposition:

• Judgments for the Plaintiffs:
  • Against Jaymor: $1,747,633.15 (Fabco claim).
  • Against Anthony: $57,790.88 (Title claim).
  • Pre-judgment interest and costs to be determined if unresolved.