What is the disposition of the condition issue on the appeal?

In our view, the disposition of the condition issue resolves all of the issues on the appeal except remedy. On this issue, the appellant contends that the trial judge erred by ordering specific performance instead of damages. We disagree. The trial judge applied the principles from the leading case, Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415. She considered both the subjective and objective elements relating to the property and concluded that the property was sufficiently unique to warrant an order of specific performance. Again, we see no error in the trial judge’s analysis or conclusion.