The case of Kisliuk v Algai, dated March 20, 2023, involved the plaintiff, Boris Kisliuk, initiating a motion for default judgment under r. 19.08, seeking resolution for a breach of contract. The defendant, Maytal Algai ("Ms. Algai"), failed to respond to the action, leading to a default judgment motion. The plaintiff, who was the seller in the case, claimed $220,992.18 in damages against Ms. Algai for the breach of the Agreement of Purchase and Sale (APS), involving a property located in Thornhill, Ontario. Additionally, the plaintiff requested an order for the release of a $75,000 deposit held in trust by the defendant Signature Realty Inc. (the "Realtor").
The court reviewed the evidence and deemed Ms. Algai's admissions as true due to her default status. The court found that Ms. Algai had failed to complete the APS as agreed upon, leading to a loss of bargain totaling $160,000. The plaintiff had also incurred various additional damages due to the breach, including real estate commissions, repair costs, interest payments, and more, totaling $56,291.43. The court had established total damages as $218,138.93, including the loss of bargain and additional damages and had ordered the release of the $75,000 deposit, while also awarding costs and interest to the plaintiff.