Legal Blog

Real Estate Damages: Court of Appeal Overturns Motion Judge’s Decision

DHMK Properties Inc. v. 2296608 Ontario Inc. 2017 Ont CA

The motion judge’s decision was overturned on all grounds relating to damages and sent back for another hearing. The court held that the measure of the damages of the vendor could be reduced by the value of the purchaser’s claim for a misrepresentation of income that the property produced and for mitigation. Further, the usual date for the determination of damages is the date of closing. The motion judge used the date on which the purchaser’s claim for specific performance was dropped and did not explain why he used that date.

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