What is the test for specific performance in property law?
British Columbia, Canada
The following excerpt is from Paradigm Holdings Ltd. v. Ngan & Siu Investments Co. Ltd., 2007 BCSC 762 (CanLII):
The question of specific performance was addressed by Sopinka J. in Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415, where he opined, at para. 22, that: “Specific performance should, therefore, not be granted as a matter of course absent evidence that the property is unique to the extent that its substitute would not be readily available.”
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