Can relief against forfeiture be sought regarding a deposit in a real estate transaction?

New Brunswick, Canada


The following excerpt is from Hasanova v. Wulastook Industries, 2015 NBQB 233 (CanLII):

Counsel could refer to no New Brunswick cases where relief against forfeiture was sought regarding a deposit in a real estate transaction. However, both parties referred to and rely upon several decisions out of the courts of British Columbia. In particular, the decision in Tang v. Zhang, supra, provides a comprehensive review of the law of deposits and the factors to be considered in granting relief against forfeiture.

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