What is the test for specific performance in a real estate transaction?
Ontario, Canada
The following excerpt is from 2329131 Ontario Inc. v. Carlyle Development Corp., 2013 ONSC 4876 (CanLII):
In my view, it would not be unjust to grant specific performance in the circumstances. Given the nature and function of the property to the plaintiffs, a substitute is not readily available (see Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415 at para. 22). The evidence is clear that the plaintiffs were ready to close by August 8, 2012 at the latest, and the defendants were in breach as they were not ready to close on August 3 themselves, nor had they reinstated the time of the essence provision.
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