Given the rising house prices, developers have sought to build a number of townhomes in northeastern Pickering. They receive deposits from 25 individuals for $50,000. At that time, a disclosure statement is provided to all of these purchasers indicating that there will be some amenities completed by December 2021, including a swimming pool and tennis courts, and the homes would be completed by November 2021.

Unfortunately none of these timelines were met. Although some homes were completed by July 2022, the rest of them remained under construction. Those who did not acquire a home wanted to get out of the deal, even though the homes were already under construction, and by the summer of 2022, it looked like the recreational spaces were almost completed.

Can the purchasers here withhold their payment from the developers? Are there any reasonable allowances for deficiencies under contracts of this type?