Case Overview:

• The case revolves around a failed assignment agreement involving a condominium purchase.
• Parties:
  • Applicants: My Linh Trinh and Brandi Trinh
  • Respondents: 2627641 Ontario Inc. and Tesa Real Estate Inc.

Key Facts:

1. Original Agreement:
   • In 2018, 2627641 Ontario Inc. entered an agreement to purchase a condominium.
   • Terms included capped development charges of $8,000 and a final deposit of $28,945.
2. Assignment Agreement (2023):
   • The Trinhs agreed to take over the original agreement, conditional on vendor consent.
   • Deposit: $37,750, refundable if vendor consent was not secured by May 31, 2023.
3. Dispute:
   • Vendor consent was delayed; Trinh argued the agreement became void, seeking deposit refund.
   • 262Ont. claimed Trinh breached the contract by failing to pay the final deposit.

Court Findings:

• Vendor consent was never obtained.
• Payment of the final deposit was contingent on vendor approval, which was absent.
• Trinh had no obligation to pay without vendor consent and sought clarification on uncapped levies, which were unclear.

Decision:

• The court ruled in favor of Trinh, declaring the agreement null and void due to 262Ont.'s failure to secure vendor consent.
• Trinh is entitled to a refund of the $37,750 deposit.

Costs Awarded:

• Trinh received $8,500 in costs.