Summary Judgment - Osajie v. Alile, 2025 ONSC 1209

In a recent Ontario Superior Court decision, Weedon Law successfully represented the plaintiffs in a real estate dispute, securing a significant judgment in their favor. This case highlights the importance of understanding contractual obligations and the risks of making unsupported claims in litigation.

Case Summary: Osajie v. Alile, 2025 ONSC 1209

Facts of the Case:

• Our clients, the plaintiffs, agreed to sell a property for $960,000 to the defendant.

• The defendant refused to close, citing alleged misrepresentation about the property’s square footage.

• The defendant also claimed the property was not delivered in “broom-swept” condition and that a basement tenant was not present as expected.

  
  

Key Issues Before the Court:

1. Did the plaintiffs’ real estate agent misrepresent the square footage of the property?

2. Was the property delivered in the required “broom-swept” condition at closing?

3. Did the APS require our clients to ensure the tenant remained in the basement at closing?

   
   

Court’s Ruling:

• No Misrepresentation: The court agreed with our arguments and found no credible evidence that the plaintiffs’ real estate agent misrepresented the property’s square footage.

• Property Condition Met APS Terms: The evidence showed the property was cleaned and repaired before closing, meeting the required condition.

• No Breach Regarding Tenant: The APS clause about assuming the tenant placed no obligation on the sellers to guarantee the tenant remained.

  
  

Outcome:

• We secured a successful judgment for our clients, with the court finding the defendant liable for breaching the APS.

• Plaintiffs awarded $157,396.19 in damages.

• Defendant ordered to pay $28,775.78 in legal costs and $11,500 in interest.

  
  

Key Takeaways:

1. Work with Experienced Real Estate Lawyers – Our team ensures that contracts are properly drafted and enforced.

2. Contractual Terms Matter – Oral representations that are not included in the APS often do not hold up in court.

3. Evidence is Critical – Courts rely on clear, documented evidence. Unsupported claims of misrepresentation can lead to costly judgments.

4. Litigation Has Consequences – Unfounded legal tactics can result in substantial cost awards against the losing party.

   
   

This case is a testament to the importance of strong legal representation in real estate disputes. Our firm was proud to secure this victory for our clients, ensuring they were compensated for the purchaser's breach of contract.

If you are facing a real estate dispute, we are here to help. Contact us today for trusted legal guidance and representation. For more insights on real estate law and litigation, stay tuned to our blog or reach out to our team.