What is the test for specific performance in real property?
Ontario, Canada
The following excerpt is from Pyne v. Footman, 2007 CanLII 12712 (ON SC):
The reasoning for this approach is set out in the case of Semelhago v. Paramadevan, [1996] 2 S.C.R. 416 at paragraph 22, where the court wrote: “Specific performance should, therefore, not be granted as a matter of course absent evidence that the property is unique to the extent that its substitute would not be readily available.”
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