Southcott Estates Inc. v. Toronto Catholic District School Board 2012 SCC 51
Damages - Mitigation - In particular matters - Sale of land
The defendant school board agreed to sell 4.78 acres of surplus land to Southcott Estates Inc. The agreement was conditional on the board obtaining a severance by the closing date. This failed to happen. The board refused Southcott’s request to extend the closing date and returned Southcott’s deposit. Southcott brought an action for specific performance or damages.
The Ontario Superior Court, in a decision reported at [2009] O.T.C. Uned. 281, allowed the action. Southcott was awarded damages of $1,939,500. The board appealed.
The Ontario Court of Appeal, in a decision reported at (2010), 261 O.A.C. 108, allowed the appeal, setting aside the judgment below and substituting a judgment for Southcott for nominal damages of $1.00. Southcott appealed and the board cross-appealed.
The Supreme Court of Canada, McLachlin, C.J.C., dissenting, dismissed the appeal and the cross-appeal.
