Case commented on: Terrace Consulting Inc. v. Jackson, 2011 ABQB 108
The Plaintiff applied for summary judgment to enforce its remedies under an offer to purchase a condominium. The Defendants alleged misrepresentation and contended that they were told they were signing a rent to own contract. They also counterclaimed for damages in the amount of the deposit paid, which they understood to be refundable. The Defendants argued that in light of the misrepresentation, summary judgment should not be granted. The Plaintiff argued that an entire agreement clause in the purchase contract precluded the defence of misrepresentation and summary judgment should be granted.