Failed Real Estate Transaction: Summary Judgment and Cost Award Secured for Plaintiff

In a recent Ontario Superior Court decision, Weedon Law successfully represented the plaintiff in a real estate dispute involving a failed transaction. The Court granted summary judgment in our client’s favour, awarding over $256,000 in damages, plus $15,000 in costs. The decision affirms the importance of honoring contractual commitments in real estate deals and serves as a caution to buyers who fail to close without legal justification.

Case Summary: Adeniji v. Maqbool, 2025 ONSC 2060

Facts of the Case:

• Our client, Victoria Adeniji, entered into an Agreement of Purchase and Sale for the sale of her property to the Defendants.

• The Defendants failed to close the transaction, leading to significant financial loss for our client.

• The action was commenced in March 2023 and vigorously defended by the Defendants.

  
  

Summary Judgment Motion:

• Weedon Law brought a motion for summary judgment, supported by a fulsome evidentiary record and cross-examination.

• The Court, in its January 24, 2025 decision, granted judgment in the amount of $256,208.54, plus pre-judgment interest.

  
  

Costs Endorsement:

• The Court later considered written submissions on costs and weighed the factors under Rule 57 of the Rules of Civil Procedure.

• Despite the Defendants’ argument that costs should be capped at $8,000, the Court found that a $15,000 all-inclusive award was fair and reasonable given:

  • The complexity and length of proceedings;

  • The Plaintiff’s success on the motion;

  • The Defendants’ unmeritorious defence; and

  • The necessity of a full evidentiary record and hearing.

    
    

Outcome:

• The Plaintiff was awarded $256,208.54 in damages plus $15,000 in costs.

• The Court confirmed that the cost award forms part of the final judgment.

  
  

Key Takeaways:

• Real Estate Contracts Must Be Respected – Failing to close a transaction without legal basis can result in substantial damages and cost awards.

• Summary Judgment is a Powerful Tool – Where there is no genuine issue requiring a trial, the Court will not hesitate to grant judgment.

• Costs Awards Reflect Accountability – Courts aim to indemnify successful litigants and discourage unjustified defences.

• Preparation Matters – A thorough record and strategic litigation plan can yield decisive outcomes.

  
  

This case demonstrates Weedon Law’s continued success in high-stakes real estate litigation. If you are dealing with a failed real estate transaction or breach of agreement, our team is here to provide clear advice and strong advocacy.

Contact us today for trusted legal representation in real estate disputes, and stay tuned to our blog for more case updates.