Legal Blog

Part Performance

273 Ontario v. 238 Ontario 2025 Ont CA

The vendor sought to enforce an oral land‑sale agreement and had taken extensive steps toward closing, including preparing documents and tendering funds; the purchaser refused to close despite participating in the closing process. The trial judge found that part performance rendered the oral agreement enforceable, notwithstanding the Statute of Frauds. The Court of Appeal agreed that the vendor’s extensive closing activities amounted to detrimental reliance, satisfying both the evidentiary and equitable components of part performance.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.