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Whelton Hiutin LLP Successful on Appeal Concerning Requirements for Notice of Rescission of APS Under Condominium Act

Whelton Hiutin LLP lawyers Neil Wilson and Roshni Khemraj were recently successful on an appeal concerning the purported rescission of an agreement of purchase and sale under the disclosure statement provisions of the Condominium Act, 1998.  The case concerned the validity of a purported notice of rescission alleging a material change delivered shortly before closing.  Notably, the Court of Appeal held that a notice of rescission that is not provided in good faith does not qualify as a valid notice under the Act.  A copy of the decision, Chen v. Brookfield Residential (Ontario) Limited, 2022 ONCA 887, can be found here.