Is it fatal to a specific performance claim for specific performance that the contracting party, and sole named plaintiff, cannot and does not provide any evidence that touches on the reasons why the property is unique to her?
British Columbia, Canada
The following excerpt is from 1124259 BC Ltd. v 1069185 BC Ltd., 2018 BCSC 1655 (CanLII):
In my view, it is fatal to the claim for specific performance that the contracting party, and sole named plaintiff, cannot and does not provide any evidence that touches on the reasons the property is unique to her. I rely in that regard on Aulakh v. Nahal, 2017 BCSC 1000, at paras. 166 to 170.
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