What is the test for specific performance in real estate transactions?
Ontario, Canada
The following excerpt is from D’Ascenzo v Nichols, 2016 ONSC 7645 (CanLII):
The court’s rejection of specific performance in Chaulk v. Fairview Const Ltd, (1977) 3 R.P.R 116, (Nfld. C.A.), was because the land, unlike this case, did not have a particular and special value to the purchaser. The plaintiffs valued the 511 Land for the increased value they knew they could obtain from an adjacent owner, as opposed to other land elsewhere located.
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