Wednesday, April 1, 2015

Relief from forfeiture

Varajao v. Azish, 2015 ONCA 218:

[11]       The trial judge correctly noted that in order to obtain relief from forfeiture the appellants were required to establish that i) the forfeited sum was out of proportion to the damages suffered; and ii) it would be unconscionable for the vendor to retain the money.  Although the respondent did not suffer damages, the trial judge determined that it was not unconscionable for him to retain the deposit.  She considered and rejected the submission that the respondent's counsel used sharp practice.  We would not interfere with this exercise of discretion on the part of the trial judge.

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