Is specific performance a presumptive remedy for the purchase and sale of real estate?
British Columbia, Canada
The following excerpt is from Dhaliwal v Binepal, 2018 BCSC 1061 (CanLII):
Where specific performance once was regarded as a presumptive remedy for a seller's substantive breach of a contract for the purchase and sale of real estate, it is now accepted that the purchaser seeking that remedy must prove that the property is unique to the extent that a substitute would not be readily available and that there is a fair, real, and substantial justification for the decree that is sought: Semelhago v. Pramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415, 136 D.L.R. (4th) 1 ¶ 21-22. …
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