Is specific performance permitted as a matter of course for breach of a land sale agreement?
Ontario, Canada
The following excerpt is from Roppo v. Avvro Developments Inc., 2006 CanLII 6586 (ON SC):
Avvro submits that specific performance is no longer granted as a matter of course for breach of a land sale agreement. I agree. Specific performance should only be granted if the purchaser can show that the land in question is unique, to the extent that its substitute would not be readily available and damages would therefore not be an adequate remedy: Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415.
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