Does the Court have jurisdiction to grant specific performance?
Alberta, Canada
The following excerpt is from Baud Corporation, N.V. v. Brook, 1973 ALTASCAD 78 (CanLII):
In commenting on the jurisdiction to grant specific performance, Strong J. in Harris v. Robinson 21 S.C.R. at p. 397 stated, “the exercise of the jurisdiction is a matter of judicial discretion, one which is to be said to be exercised as far as possible upon fixed rules and principles, but which is, nevertheless, more elastic than is generally permitted in the administration of judicial remedies. In particular it is a remedy in the application of which much regard is shown to the conduct of the party seeking the relief.”
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