Is there a specific performance of a contract for the sale of reality?
New Brunswick, Canada
The following excerpt is from Cross Creek Timber Traders v. St. John Terminals, 2002 NBQB 79 (CanLII):
Cross Creek seeks specific performance. Specific performance of a contract for the sale of reality is the appropriate remedy where the land has a special or unique value such that damages may not provide an adequate remedy. [Page 60] 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. (Semelhago v. Paramadevan (1996), 1996 CanLII 209 (SCC), 136 D.L.R. (4th)1(S.C.C,), at 11)
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