DHMK Properties Inc. v. 2296608 Ontario Inc.
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Rouleau, Benotto and Roberts JJ.A. |
| Citation | 2017 ONCA 961 |
| Docket Number | C63805 |
| Date | 07 December 2017 |
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11 practice notes
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Christine Elliott v. Saverio Montemarano
...the market price or the resale price after which the burden passes to the purchaser. I note that the decision in DHMK was overturned at 2017 ONCA 961 (although not specifically on this basis.) [72] I was not referred to any appellate authority for the proposition that the seller must provid......
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Lecco Ridge Developments Inc., v. Vaquero
...circumstances known at the time to exist. See DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONSC 2432, reversed on other grounds, 2017 ONCA 961. [63]                 In my view the Defendants have not estab......
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Wynn v Kentris
...circumstances known at the time to exist. See DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONSC 2432, reversed on other grounds, 2017 ONCA 961. 81 The Defendants' argument is that in this case “reasonable mitigation” was for the Plaintiffs to accept their offer of a vendor take-back m......
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Marshall v. Meirik
...of DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONSC 2432, 279 A.C.W.S. (3d) 296, at para. 15; rev’d on other grounds, at 2017 ONCA 961). The defendants suggested that this was justified because of the unusual circumstances of this case in which the Property was re-sold and the closin......
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10 cases
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Christine Elliott v. Saverio Montemarano
...the market price or the resale price after which the burden passes to the purchaser. I note that the decision in DHMK was overturned at 2017 ONCA 961 (although not specifically on this basis.) [72] I was not referred to any appellate authority for the proposition that the seller must provid......
-
Lecco Ridge Developments Inc., v. Vaquero
...circumstances known at the time to exist. See DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONSC 2432, reversed on other grounds, 2017 ONCA 961. [63]                 In my view the Defendants have not estab......
-
Wynn v Kentris
...circumstances known at the time to exist. See DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONSC 2432, reversed on other grounds, 2017 ONCA 961. 81 The Defendants' argument is that in this case “reasonable mitigation” was for the Plaintiffs to accept their offer of a vendor take-back m......
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Marshall v. Meirik
...of DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONSC 2432, 279 A.C.W.S. (3d) 296, at para. 15; rev’d on other grounds, at 2017 ONCA 961). The defendants suggested that this was justified because of the unusual circumstances of this case in which the Property was re-sold and the closin......
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1 firm's commentaries
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Top 5 Civil Appeals From The Court Of Appeal (January 2018)
...order from trial. Further, Benotto J.A. disagreed that such a motion would have succeeded. DHMK Properties Inc. v. 2296608 Ontario Inc., 2017 ONCA 961 (Rouleau, Benotto and Roberts JJ.A.), December 7, This appeal emphasizes the important damages principle that the injured party should be pu......