What are the pleadings and reasons for judgment in a case involving a collapsed real estate deal?
British Columbia, Canada
The following excerpt is from Dowling v Bhander, 2009 BCSC 1812 (CanLII):
In response to the argument that damages could not have been sought until their full extent was known, the defendant has provided pleadings and reasons for judgment in a similar type of proceeding, Cassidy v. Smith. In that case the plaintiff sought in the same action to recover the deposit and to receive damages as the result of a collapsed real estate deal. Forfeiture of the deposit and liability for damages were determined pursuant to a Rule 18A application and then the amount of damages was assessed in a subsequent hearing. This, says the defendant, would have been the proper way for the plaintiff to proceed. Discussion
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