In Paterson Veterinary Professional Corporation v. Stilton Corp. Ltd., 2026 ONCA 590, the Court of Appeal upheld an order to transfer property title after two refusals to close, noting that the would-be seller repeatedly breached its contractual obligations. This proceeding involved an agreement of purchase of sale (“APS”) that granted the responding party, Paterson Veterinary Professional Corporation (“Paterson”) a lease with an option to purchase. Paterson tendered in 2018 and the applicant, Stilton Corp. Ltd. (“Stilton”) refused to close. A court granted Paterson an order for specific performance of a prior settlement agreement, as well as a vesting order to facilitate the transfer. Stilton again refused to close when Paterson tendered in 2019.
Stilton unsuccessfully attempted to appeal the vesting order, which included making an application to the Supreme Court of Canada. The Court of Appeal rejected Stilton’s motion to review the enforcement order, citing Stilton’s repeated breaches of its contractual obligations.
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