What is the consequence of a plaintiff's failure to close a real estate transaction?

Ontario, Canada


The following excerpt is from Mueller v. Stanic, 2022 ONSC 858 (CanLII):

The defendants were ready and willing to convey the property on the closing date. It was the plaintiff who chose not to close. However, the even if the defendants had reneged on the deal, the plaintiff would have been obliged to make one of two choices: to accept the repudiation and sue for damages or decline to accept the repudiation and seek specific performance: Paramadevan v. Semelhago, 1996 CanLII 209 (SCC), [1996] 2 SCR 415, paragraph 15. Her position should not be better when it is she who terminated the contract. She lost any claim to an interest in the land when she chose to terminate the agreement. Her claim, that she declined to close because of misrepresentations made by the plaintiffs, would give right to a claim for damages, not an interest in the property. There is no triable issue as to whether she has a reasonable claim to an interest in the property.

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