What is the test for specific performance in a contract?
British Columbia, Canada
The following excerpt is from Habitat for Humanity Canada v. Hearts and Hands for Homes Society, 2015 BCSC 1182 (CanLII):
The parties agree on the legal principles relating to the availability of specific performance. A party seeking specific performance of a contract must establish that damages would not be an adequate remedy and that there is “some fair, real and substantial justification for the claim”: Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415 at para. 22 (S.C.C.).
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