What is the test for uniqueness of a property?

Ontario, Canada


The following excerpt is from Yan v Nadarajah, 2015 ONSC 7614 (CanLII):

The defendants state that the plaintiffs have not shown that the property is unique. They rely on Gillespie v. 1766998 Ontario Inc., par 28 in which the court stated, “Two related lines of inquiry have developed to assess the uniqueness of a piece of property in terms of its suitability for a proposed use. One focuses on the subjective and objective qualities of the land itself. The other focuses on whether damages would be an adequate remedy for the plaintiffs in light of their propose [sic] use.” Subjective qualities are more important in residential properties in contrast to commercial properties. In Gillespie, the plaintiffs searched for a property for ten years and paid the full listing price. The property was close to where the plaintiffs’ friends lived.

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