
Legal Blog
Unique Property
Patel v. Davis 2017 Ont SCJ
The vendor failed to close a condominium transaction and, in effect, ignored the purchaser. The purchaser sued for specific performance. The judge held that the condominium was unique to the purchaser after finding that were no comparable condominium units for sale in the same geographic region within a reasonable range of the purchase price. Accordingly, the judge awarded specific performance. The decision was probably stretching the definition of unique, a stretch that arose because of the cavalier and inappropriate manner by which the vendor treated the purchaser.
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Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices. |