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| Chien vs. Law Development Group (Thornhill) Ltd. |
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Between
Ching-Lee Chien and Ching-Ting Chien, applicants, and
Law Development Group (Thornhill) Limited, respondent |
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[1998] O.J. No. 3054
Court File No. 97-CV-130820 |
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Ontario Court of Justice (General Division)
Hoilett J. |
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June 30, 1998.
(3 pp.) |
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Kevin D. Sherkin, for the applicants.
Robert L. Love, for the respondent. |
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| Sale of land — Remedies of purchaser — Rescission or annulment — Return of deposit or purchase price. |
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| Application by the purchasers for return of their deposit and rescission of an agreement of purchase and sale. The applicants purchased a commercial unit in a condominium development from the respondent builder. The applicants wanted to operate a fast food take-out facility in the unit. The agreement of purchase and sale described the unit as 445 square feet of commercial space, an unencumbered floor space and a wide corridor shared with a bank. The completed unit had a supporting pillar almost in the centre of the floor and only one side of plate glass. There was no common corridor with the bank. The applicants argued that these variations materially impeded the applicants' prospective use of the unit. |
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| Held, Application allowed. |
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| The unit as completed was materially different from the unit the applicants had bargained for, and the variations resulted in a material shortfall for the applicants. They were thus entitled to be relieved from their obligations under the contract and to a return of their deposit. |
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