In what circumstances will a court grant summary judgment against a plaintiff for an improvident sale?
Ontario, Canada
The following excerpt is from Dhaliwal v. Plantus, 2007 CanLII 46164 (ON SC):
With respect to the case of Shuster v. Goldberg, supra, the court found that there had not been an improvident sale and, in fact, granted summary judgment against the plaintiffs who were attempting to obtain damages on account of an improvident sale. By applying the principles applied by the court in that case to the facts in the case before me, I come to exactly the same conclusion.
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