Is a specific performance remedy discretionary?
Ontario, Canada
The following excerpt is from Annett v. Robert Breadner Children's Trust, 2008 CanLII 573 (ON SC):
The exercise of the remedy of specific performance is discretionary and the court should scrutinize the conduct of the applicant before granting the remedy. Harris v. Robinson (1892) S.C.J. No. 68 at p.5.
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