In what circumstances will the court consider specific performance in real estate?
British Columbia, Canada
The following excerpt is from Jassal v. Garcha, 2017 BCSC 600 (CanLII):
In Semelhago the court started its consideration with a reference to Adderley v. Dickson (1824), 57 E.R. 239 which held that there is nothing inherently special about realty which entitles it to specific performance. That said the Semelhago case was presented on the basis that the respondent was entitled to specific performance and the appellant had agreed. So, while the bulk of the decision is obiter dicta, as noted by La Forest J. at para. 1, the direct language of the majority compels present consideration.
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