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Grandfield Homes (Kenton) LTD. v Chen
In the case of Grandfield Homes (Kenton) LTD. v Chen dated May 9, 2023, the applicant, Grandfield Homes (Kenton) LTD, sought a declaration affirming its entitlement to the deposit that had been paid by the respondent, Xiao Lu Chen, under a contract for the purchase of a new build home. Additionally, the applicant wished for the court to determine whether damages beyond the deposit should be subjected to a trial. The respondent disputed both claims for relief. Originally scheduled for January 2, 2019, the closing date had been extended twice to accommodate the respondent's requests, eventually being moved to February 20, 2019. However, on the eve of the scheduled closing, the respondent had refused to proceed with the purchase. This refusal had been based on alleged misrepresentations, primarily involving the house's square footage and the quality of its finishing, which she believed did not meet the initial representations. As a result, the court ruled that the applicant was entitled to the deposits totaling $502,500 that had been paid by the respondent. Concerning costs, any party seeking costs based on these findings could submit written arguments on costs within 15 days from the issuance of these findings. The opposing party would then have an additional 10 days to present their submissions, followed by a further five-day period for any reply.
GRANDFIELD HOMES (KENTON) LTD.
Law Firm / Organization
Not specified
XIAO LU CHEN
Law Firm / Organization
Not specified
Lawyer(s)

Spencer F. Toole

Superior Court of Justice - Ontario
CV-19-00617250-0000
Civil litigation
$ 502,500
Applicant