The case concerned a failed real estate transaction. The defendant, Deborah Ruiz, agreed to purchase the plaintiff Hardik Kinariwala’s property for $465,000, with a $10,000 deposit. The defendant failed to close on June 23, 2022.
The plaintiff resold the property on March 24, 2023, for $340,000, incurring a loss of $125,000.
The defendant argued that the plaintiff failed to mitigate damages by not relisting sooner. The court rejected this, ruling the plaintiff acted reasonably based on real estate advice.
The plaintiff’s damages were $125,000, plus $1,553 for expenses (insurance and water heater rental), minus the $10,000 deposit and $10,492 in Airbnb rental income.
The court awarded the plaintiff $106,061 in net damages, plus pre-judgment interest of $12,706.40, totaling $118,767.40.
2025 ONSC 760
The plaintiff sought substantial indemnity costs, arguing his $120,000 settlement offer exceeded the judgment.
The court found that at the time of the offer, the total recoverable amount was $117,101, making the offer less favorable.
The plaintiff was awarded partial indemnity costs of $15,000, not substantial indemnity costs.
Final Outcome
The total amount payable by the defendant: $133,767.40 ($118,767.40 in damages + $15,000 in costs).
