Legal Blog

Specific Performance

Lucas v. 1858793 Ontario Inc. (Howard Park) 2021 Ont CA

The Supreme Court of Canada in Semelhago ruled that specific performance is not automatically granted for real property. The property had to be unique. The Court of Appeal recognised that, for a purchaser seeking specific performance, uniqueness means that the property cannot be easily duplicated, for example in a rising real estate market (particularly when a deposit is tied up in the aborted purchase).

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