Deco Homes (Richmond Hill) Inc. v. Serikov

JurisdictionOntario
CourtSuperior Court of Justice of Ontario (Canada)
JudgePERELL, J.
Neutral Citation2021 ONSC 2079
Citation2021 ONSC 2079
Date19 March 2021
Docket NumberCV-19-00620260

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6 practice notes
  • Arista Homes (Kleinburg) Inc. v. Griu
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 14, 2022
    ...to mitigate does not go that far. [35]        See also: Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079, at para. 11: Bang v. Sebastian, 2019 ONCA 501, at para. 5; Malatinszky v. Miri, 2020 ONSC 16, at para. 83; Dantonbury Developments Inc. v Li......
  • Buyers' Liability To Sellers In Aborted Real Estate Closings
    • Canada
    • Mondaq Canada
    • March 30, 2021
    ...couldn't complete the purchase after entering into a binding Agreement of Purchase and Sale: Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079 The defendant buyer had agreed to purchase a property in the Town of Richmond Hill from the plaintiff for $1,248,380. Deposits were duly pa......
  • Buyers' Liability To Sellers In Aborted Real Estate Closings - Part 1
    • Canada
    • Mondaq Canada
    • May 4, 2021
    ...couldn't complete the purchase after entering into a binding Agreement of Purchase and Sale: Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079 The defendant buyer had agreed to purchase a property in the Town of Richmond Hill from the plaintiff for $1,248,380. Deposits were duly pa......
  • James D. Taylor Holdings Ltd v WJ Groundwater Canada Ltd
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 29, 2025
    ...taken certain reasonable mitigating steps, then the innocent party's losses would be lower. Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079, at para. 41 In the present case, the Plaintiffs calculate their damages as follows: Difference between APS and re-sale price: $900,000 Prop......
  • Get Started for Free
3 cases
  • Arista Homes (Kleinburg) Inc. v. Griu
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 14, 2022
    ...to mitigate does not go that far. [35]        See also: Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079, at para. 11: Bang v. Sebastian, 2019 ONCA 501, at para. 5; Malatinszky v. Miri, 2020 ONSC 16, at para. 83; Dantonbury Developments Inc. v Li......
  • Vista Sudbury Hotels Inc. v. The Oshawa Group Limited.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • January 15, 2026
    ...the Court is concerned with the reasonableness of those efforts. As noted by Perell J. in Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079, at para. 9: “In assessing the innocent party's efforts at mitigation, the courts are tolerant, and the innocent party need only be reasonable......
  • Tabrizi v. Majesty Development Group Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 29, 2022
    ...is to “take reasonable steps” to minimize the loss. As Perell J. wrote in Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079, [2021] O.J. No. 1434, at para. 9: “In assessing the innocent party’s efforts at mitigation, the courts are tolerant, and the inno......
2 firm's commentaries
  • Buyers' Liability To Sellers In Aborted Real Estate Closings
    • Canada
    • Mondaq Canada
    • March 30, 2021
    ...couldn't complete the purchase after entering into a binding Agreement of Purchase and Sale: Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079 The defendant buyer had agreed to purchase a property in the Town of Richmond Hill from the plaintiff for $1,248,380. Deposits were duly pa......
  • Buyers' Liability To Sellers In Aborted Real Estate Closings - Part 1
    • Canada
    • Mondaq Canada
    • May 4, 2021
    ...couldn't complete the purchase after entering into a binding Agreement of Purchase and Sale: Deco Homes (Richmond Hill) Inc. v. Serikov, 2021 ONSC 2079 The defendant buyer had agreed to purchase a property in the Town of Richmond Hill from the plaintiff for $1,248,380. Deposits were duly pa......