In Konialian v. Paletta Xaidsart ’ partner Paul Le Vay and our former colleague Emily Quail persuaded the Ontario Superior Court to grant relief from forfeiture to the purchaser of a property in an exclusive subdivision. The sale agreement required the purchaser to design and build a luxury home home within a limited period, failing which the vendor was granted an option to repurchase the lot for 25% of the sale price. The purchaser was also required to pay $1,000 per day for each day of non-compliance with the building covenant. The application judge found both provisions to be unconscionable and granted relief from forfeiture. She also found that, in the circumstances, the vendor had waived the right to enforce the provisions.
