Legal Blog

Fairness

Westwood Mall Holdings Limited v. Kapila 2017 Ont SCJ

Purchaser of commercial condominium sued the vendor in Small Claims Court because the vendor did not reduce the price of the condominium for him when it had done so for other purchasers. The purchaser claimed that the vendor did not do so because the purchaser had complained extensively about the vendor. The deputy judge allowed the claim. The Superior Court judge dismissed the appeal. She held that the vendor had breached its duty of fair dealing with the purchaser by not giving to the vendor a discount that was given to other purchasers. This is an incomprehensible decision.

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