What are the consequences of the aborted sale of a property?
Alberta, Canada
The following excerpt is from Barran v. Assef, 1990 CanLII 5501 (AB QB):
With respect to the other consequential damages claimed, I am of the view that since they owned and elected to keep the property they have both the benefit and the expense of it. As Kerans J., as he then was, stated in McCulloch v. Gazelle, supra, at p. 198: They also claim loss for moneys paid out for taxes and mortgage interest during the brief interval between the completion date of the aborted sale and the date of the resale. Such expenses are the normal expenses of ownership of land, and the corresponding value to them was its use and occupation. I cannot infer that the plaintiffs did not get the advantage of this use during the intervening month. I assume the plaintiffs in Lozcal did not. The claim is rejected.
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