Unconscionability In Real Estate Transactions Post-Uber

In Forest Hill Homes (Cornell Rouge) Limited v. Wei, 2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada's recent review of the doctrine of unconscionability in Uber Technologies Inc. v. Heller, 2020 SCC 16 (CanLII) to a residential real estate purchase transaction.

The Defendant, Wei, had agreed to purchase a home in a subdivision from the Plaintiff, Forest Hill Homes (Cornell Rouge) Limited (“Forest Hill”). The transaction was aborted because Wei was not able to obtain sufficient financing to close the sale and the Plaintiff refused to decrease the purchase price. Forest Hill sold the home to another buyer for a lower amount and sued Wei for the difference.