On this damage assessment trial, the major item of quantifiable loss arising from the defendants' breach is, of course, the difference between the original contract price and the eventual sale price. I find the plaintiff has proved that loss. However, I find as well that the plaintiff's proven losses do not end at that calculation or at that stage of the process. On the ultimate sale, the plaintiff’s debt, which would have been paid off but for the defendants' breach, could not be paid. Those debts could not be discharged. The difference between the price in the breached contract and the price obtained on the eventual resale nearly two years later comprises one component of the plaintiff's losses arising from the defendants' breach, and as in the case of Hassel v. Khoshgoo, 2010 BCSC 233, the plaintiff has proved that it suffered additional losses that were and are directly related to the breach, which losses can be claimed as damages. These losses were foreseeable.
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