What is the test for specific performance of a contract for the sale of reality?
Alberta, Canada
The following excerpt is from 532782 B.C. Inc. v. Republic Financial Ltd., 2001 ABQB 581 (CanLII):
The plaintiff seeks specific performance. Specific performance of a contract for the sale of reality is the appropriate remedy where the land has a special or peculiar value such that damages may not provide an adequate remedy: 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. (Semelhago v. Paramadevan et al, 1996 CanLII 209 (SCC), [1996] 136 D.L.R. (4th) 1 at 11 (S.C.C.))
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