When a Builder Can't Prove It Delivered the Condo Buyers' Guide: DiCenzo v. Sadeghyar (2026 ONSC 1566)
What Ontario's Condominium Act says about delivering the Condo Buyers' Guide, and the 2026 court decision in DiCenzo v. Sadeghyar on proof of delivery.
11/2/20263 min read
Key points
A builder must give buyers of new condo units the condominium guide.
The agreement is not binding on the buyer until the disclosure statement and the guide are delivered.
The 10-day period runs from the latest of three deliveries, including the guide.
In DiCenzo v. Sadeghyar, the court found the builder never delivered the Condominium Guide required by s. 72(1)(b).
The decision may be subject to appeal.
What the Condo Buyers' Guide is
The Condominium Act, 1998 requires the Minister to ensure condominium guides are prepared.
A guide sets out information for purchasers and about owners' and the board's rights and obligations.
The Minister delegated the guide to the Condominium Authority of Ontario (CAO) and approved its contents.
The current CAO guide says it was last updated on April 29, 2025.
It applies to new residential condo units bought from the developer. It is not required for resale units.
The delivery rule
The builder must deliver the current disclosure statement and the condominium guide to every buyer of a new unit.
Until both are delivered, the agreement is not binding on the buyer.
A buyer may rescind before accepting a deed.
Written notice must be received within 10 days of the latest of three receipts.
These are the disclosure statement, the guide, and a copy of the agreement signed by both sides.
On rescission, the builder must promptly refund money credited towards the purchase price, with prescribed interest.
The guide rules took effect January 1, 2021. The Act applies despite any agreement to the contrary.
Read more: Ontario condo 10-day cooling-off period.
The case: DiCenzo (Linden Park) Holdings Inc. v. Sadeghyar
The Ontario Superior Court of Justice (M. Bordin J.) heard the case on March 3, 2026 and released its decision on March 16, 2026.
The project was at 54 Linden Park Lane, Hamilton. The agreement was signed March 5, 2022.
The sale did not close, and the builder resold the unit.
The builder sought to keep the deposit and claim damages.
The buyer asked the court to declare the agreement void and return his deposit with interest.
He said the builder never provided the guide.
The builder relied on a signed acknowledgement of receipt.
It also argued estoppel, affirmation, and that the real reason for not closing was financing.
What the court decided
The court found the builder never delivered the Condominium Guide required by s. 72(1)(b).
The buyer's signed acknowledgement of receipt was not conclusive. It was dated before the agreement was fully signed.
There was no record of the Guide being delivered, though other key documents in the electronic deal were tracked.
Under s. 72(2), the agreement was not binding on the buyer because the Guide was never delivered.
Under s. 73, the 10-day rescission period never started. The buyer could rescind any time before taking the deed.
The buyer was a licensed real estate professional. That did not matter: the builder conceded the duty still applied.
Not being able to finance didn't stop him from rescinding. The court distinguished Chen v. Brookfield, 2022 ONCA 887, and similar cases, which involved a disclosure statement that was delivered but allegedly inadequate, or a material change, not a total failure to deliver.
Paying the deposit, choosing upgrades and signing amendments did not affirm the deal. Estoppel failed because the Guide was never provided and the acknowledgement was flawed and drafted by the builder. The court also doubted estoppel could override the Act (s. 176).
The builder's application was dismissed. The court declared the agreement not binding and ordered the deposit returned with interest under the Act. This decision may be subject to appeal.
Keeping a record
The 10-day period depends on when each document arrived. Keep a record of each delivery date.
The CAO strongly advises reviewing these documents with legal counsel during the 10 days.
Appeal status
As of November 2, 2026, we found no Court of Appeal for Ontario decision in this case. The decision may be subject to appeal.
Related: Getting your deposit back from a builder | Pre-construction lawyer
This article is general information about Ontario law as of November 2, 2026. It is not legal advice.
Sources: Condominium Act, 1998, ss. 1(1), 71.1, 72, 73, 176 (https://www.ontario.ca/laws/statute/98c19); CAO Condo Buyers' Guide; DiCenzo (Linden Park) Holdings Inc. v. Sadeghyar, 2026 ONSC 1566 (https://canlii.ca/t/kjtvd).
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