Ayuba v. Erhunmwun

canada, canadian, case law, court opinion, canlii, onca, 2026onca635, 2026 onca 635 (canlii), 2026, onca, 635, (canlii), coa-25-cv-1493; coa-25-cv-1330; coa-25-cv-0912, 2026, contracts, assignment agreements, builder default, article 17, whether assignors must return monies paid by assignees where stateview default prevented final closing, meaning of “completed” and “completion” in the assignment agreements, non, completion due to stateview’s default, repayment obligation enforced, appeals dismissed, contracts, contract interpretation, vendor consents, article 6 indemnity, whether vendor consents displaced article 17 repayment obligation, reading assignment agreements and vendor consents harmoniously, specific stateview, default risk allocation in article 17 not superseded by general indemnity, no conflict triggering precedence clause, repayment obligation confirmed, appeals dismissed, procedure, fresh evidence, appeal, motion to adduce new evidence, whether proposed evidence could affect contractual effect of stateview default and tarion refund mitigation, evidence incapable of altering interpretation of article 17 and non, completion, no basis to disturb mitigation finding, motion dismissed, appeal allowed in part, statutory interpretation, standard, form contracts, orea form 200 listing agreements, commission clause, whether brokerage entitled to retain commission where transaction failed through no default or neglect of client, “valid offer” language read with non, completion provision, luxor and h.w. liebig applied, commission not earned absent clear language, brokerage ordered to repay commissions, appeal allowed in part