Sundial Homes (Sharon) Limited v. Wei
Sundial Homes (Sharon) Limited
Law Firm / Organization
Teplitsky LLP
Roger Wei Wei
Law Firm / Organization
Cambridge LLP

Appeal by Sundial Homes

  • Wei admitted liability for failing to close the purchase of a new home.
  • Sundial resold the home at a lower price and sought $281,386.10 in damages, including $133,584.97 in prejudgment interest. The trial judge awarded $142,148.15, excluding prejudgment interest.
  • A post-trial recalculation left one dispute: $32,763.06 for upgrades. The trial judge ruled it was part of the purchase price and should be treated as a deposit.
  • The Court of Appeal found no error in this conclusion and dismissed the appeal.

Cross-Appeal by Wei

  1. Mitigation: Wei argued Sundial failed to mitigate damages by not listing the house on the open market. The trial judge found Sundial’s efforts reasonable, considering a market downturn and minimal sales activity. The Court of Appeal upheld this decision.
  2. Costs: The trial judge awarded costs to Sundial. However, the Court of Appeal found Sundial improperly continued under the ordinary procedure despite damages ultimately falling below $100,000, triggering Rule 76.13(3). Sundial was denied costs, and the trial judge’s award was set aside.

Final Outcome

  • Sundial’s appeal dismissed.
  • Wei’s cross-appeal allowed in part (costs award overturned).
  • Parties may submit arguments on appeal costs. No amount was specified in the decision.
Court of Appeal for Ontario
COA-23-CV-0970
Real estate
Respondent