Can a purchaser for specific performance claim damages as a substitute for damages as of the date of trial?
Ontario, Canada
The following excerpt is from Danesh v. Vahed, 2020 ONSC 3525 (CanLII):
If a purchaser can establish that it had some fair, real and substantial justification for a claim for specific performance, then the court may assess damages, as a substitute for specific performance, as of the date of trial: Semelhago v. Paramadevan 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415.
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