Does a condominium need to be “sufficiently unique” to warrant specific performance?
British Columbia, Canada
The following excerpt is from Zhang v. Soong, 2012 BCSC 758 (CanLII):
In Taberner v. Ernest & Twins Developments Inc., 2001 BCSC 367, Lowry J. (as he then was) considered whether a Vancouver condominium was “sufficiently unique” to warrant specific performance. He found, at para. 9, that the “combination of features are not to be found in any other property shown to have been on the market” and that “they probably could not have been substantially duplicated in another available condominium unit.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is it fatal to a specific performance claim for specific performance that the contracting party, and sole named plaintiff, cannot and does not provide any evidence that touches on the reasons why the property is unique to her? (British Columbia, Canada)
How have the courts dealt with a specific performance claim for specific performance? (British Columbia, Canada)
What is the property of a property that is unique and specific performance? (British Columbia, Canada)
Is there any difference between the assessment of damages in lieu of specific performance and the amount of damages assessed at the date of judgment? (British Columbia, Canada)
What is the test for determining whether a contract can be specifically performed? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
Is specific performance a presumptive remedy for the purchase and sale of real estate? (British Columbia, Canada)
Is a plaintiff entitled to specific performance of the contract for the sale of the tractor-trailer? (British Columbia, Canada)
Does the court have the power to extend the time for specific performance of the purchasers covenant under the agreement for sale? (British Columbia, Canada)
What is the test for specific performance of a contract for the purchase and sale of a residential property? (British Columbia, Canada)
