What is the test for a Defendant to make an application for a specific performance on a land lease?
Alberta, Canada
The following excerpt is from Tran v. Phat Vo Real Estate Investment Ltd., 2002 ABQB 1117 (CanLII):
Whether Semelhago v. Paramadevan, 136 D.L.R. (4th) (S.C.C.) should also apply to land leases (no specific performance unless land is unique) must be left to a day when that is an issue. The Defendant is not precluded from making such a application if it wants to.
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