If a deposit has been paid under a contract which does not provide for its return to the purchaser, is the vendor entitled to retain the deposit?
Ontario, Canada
The following excerpt is from 846-6718 Canada Inc. v. 1779042 Interior Ltd, 2018 ONSC 1563 (CanLII):
If a deposit has been paid under contract which does not provide for its return to the purchaser and the contract has gone off by default of the purchaser, the Vendor is entitled to retain the deposit (Thagard v. Edminston (1925) M. J. 25 (Man. C.A.), p. 3).
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