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Whelton Hiutin Successfully Prosecute Real Estate Contract Interpretation Application

On December 7, 2021, Whelton Hiutin lawyer Wei Jiang and articling student Avinaash Laljie successfully acted for purchasers in an application related to an aborted real estate transaction.

The application involved an interpretation of a contractual term dealing with the termination of the contract upon breach by either party. The respondent vendors, who refused to close the contract, argued that the contractual term constituted a waiver of damages such that they are not liable for the purchasers’ damages arising from the breach of contract. The purchasers disagreed with this interpretation.

The Superior Court of Justice of Ottawa ruled in favour of the purchasers and awarded them $150,000.00 in damages. Read judgement.