As Ms.Jong was going on vacation to Toronto for her brother’s wedding, she asked if we were comfortable going ahead with the deal without proof of the deposits, I informed her we were not and upon advise from Ms.Jong we exercised our rights under the Purchase Contract(Hundley’s OFFER) and terminated it. Susan called Mr.Hunter on April 9, 2007, and informed him we were canceling the Purchase Contract and requested him to relay the message to Ms.Hundley.
The email dated April 11, 2007 from Ms.Hundley’s conveyancer, Cindy Cooper, her notary’s notes-April 11, 2007, Mindy Jong Statement of Account April 17, 2007] and transcripts are evidence that Ms.Hundley received our termination notice. Further evidence was an internal note from Ms.Morin dated April 11, 2007 about Ms.Hundley seeking legal advise from Todd McKendrick to enforce the Purchase Contract.
In June 2007 Ms.Hundley sued us, we retained MacKenzie Fujisawa LLP., to defend us.
MacKenzie Fujisawa LLP., advised us, prepared and filed our Statement of Defence.
Ms.Hundley received our Statement of Defence [attached] which clearly stated the Deposits being one of the main issues the Garniers terminated the Purchase Contract But Ms.Hundley still would not disclose proof that the deposits were paid according to the terms of her “OFFER”(Purchase and Sales Contract).
In 2008 Madam Justice Kerr rejected Todd McKendrick’s Rule 18A Summary application, ordered a full trial and ordered proof of the requested deposits be sent to our lawyer. Ms.Hundley and her lawyer still would not provide proof of the deposits.
Two years after Hundley sued us, during her Examination for Discovery when she was questioned about the deposits, she causally took out a joint personal cheque from her handbag and showed it to our lawyer. This confirmed what we suspected, that Hundley had breached the terms of her OFFER to us. Hundley paid her Deposit 12 day after the time for acceptance expired, we did not extend the time for acceptance.
From the evidence before the Court it was discovered; that Ms.Hundley did not have the money to pay for our property when she made her Offer. She did not get the money until April 27, 2007 through the help of Mr.Hunter. Mr.Hunter had direct contact with the loans officer at HSBC where Ms.Hundley had applied for financing. Mr.Hunter had direct contact with Ms.Hundley’s Notary and provided her with instructions. Internal notes from Ms.Hundley’s Notary was evidence that Ms.Hundley was going to incorporate before taking title of our property.