Whether a specific performance claim by the Respondent is a viable claim in light of the recent change in the law will be for someone else to decide. I am referring to Semelhago v. Paramadevan (1996), 1996 CanLII 209 (SCC), 136 D.L.R. (4th) 1 (S.C.C.). That may require a reassessment to our approach to s. 138. However, that was not argued so I leave it for another day.
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