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Posted on March 2, 2020 | Posted in Five Liners, Real Estate

Deco Homes (Richmond Hill) Inc. v Mao 2019 Ont SCJ

Agreement of purchase and sale for a new house contained a Tarion Addendum. One section noted that disputes relating to the termination of the agreement under section 11 were to be submitted to arbitration. Section 11 seems to indicate that it did not apply to a breach of contract by the purchaser. The judge stayed the action in favour of arbitration because, in addition to the developer’s cause of action relating to breach of contract, the purchaser had alleged matters that came within section 11.


Jonathan Speigel


Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.


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