Atkinson v. TWS Developments Inc.

The Plaintiff had entered into an agreement to purchase a new condominium unit from the Defendant.  The Plaintiff sought rescission of the agreement and return of his deposit.  The Court granted the Plaintiff’s request.  The Court said that the Defendant had failed to disclose material amendments to the disclosure statement, including the following: 

a)                  The common expenses were $331.00 per month, as opposed to the $182.26 per month set out in the disclosure materials;

b)                  The Condominium Corporation had initiated legal proceedings against the Defendant because of concerns about extensive deficiencies in the construction of the building, and other matters.