Developer appeals ruling in Toronto condo presale contract dispute

📆 3/22/2019 1:07 AM
📰 globeandmail

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Justice Katherine Swinton found that Hi-Rise Group failed to act in good faith when it declared Sanda Ania and her husband, Timothy Sullivan, had not met the financing requirements in a agreement to purchase a $444,900 condo

The ruling was handed down on Feb. 15, 2019, more than a year after Hi-Rise began demanding more financial information while threatening to keep the couple’s $55,624 deposit.The appeal was filed on March 15, on behalf of Hi-Rise by Monica Peters of Garfinkle Biderman LLP, who represented the company in the first trial.

At one point in the case, Hi-Rise chief executive Warren Green was asked under oath why he wouldn’t co-operate with Ms. Ania and Mr. Sullivan and he replied, “I don’t have to.” Mr. Green also said 96 of 116 pre-sale purchasers in his company’s Spice Danforth project had later been disqualified for similar financing clause issues. He also admitted that the condo project was no longer going forward and that he was now planning a rental apartment development on the land instead.

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