Whelton Hiutin lawyers Wei Jiang and Meaghan Coker (articling student at the time) recently successfully acted for the homebuilder on a summary judgment motion after the purchaser failed to close the real estate transaction.
On the summary judgment motion, the defendant purchaser argued multiple defences, including that the transaction was unconscionable because of alleged misrepresentations, that the homebuilder breached the contractual terms, that the purchaser signed the purchase agreement under duress, and that the homebuilder failed to mitigate its damages. Whelton Hiutin successfully rebutted all of these defences.
The Superior Court of Justice ruled in favour of the homebuilder and awarded it more than $138,000.00 in damages, plus prejudgment interest at a contracted rate. Read the decision here.