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Whelton Hiutin LLP Obtains Rare Order for Relief from Forfeiture of a Deposit for the Purchase of Property

Whelton Hiutin LLP lawyer Dan McConville successfully represented a purchaser on a motion for summary judgment to obtain relief from forfeiture of a deposit after a failed agreement of purchase and sale for property (the court ordered the deposit returned to the purchaser). Ontario courts have repeatedly held that relief from forfeiture in the context of an agreement to buy property will only be granted in the most exceptional cases. Justice Cameron found this was such an exceptional case: the vendor’s misleading conduct in negotiating an amendment to the agreement prior to closing justified the exceptional relief, such that the vendor keeping the deposit in the circumstances would be unconscionable. The decision can be found here.