What is the specific performance of a specific performance remedy?
Ontario, Canada
The following excerpt is from 2296608 Ontario Inc. v. DHMK Properties Inc., 2014 ONSC 2875 (CanLII):
Specific performance is an equitable, and therefore discretionary, remedy. The availability of this remedy has been seriously narrowed to where the property or land is unique in a way that could not be compensated for in damages or that the property is unique to the extent that its substitute would not be readily available. Semelhago v. Paramadevan 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415 at para. 22.
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