What is the test for part performance in real estate transactions?
Ontario, Canada
The following excerpt is from Chow v. Russell, 2021 ONSC 6525 (CanLII):
Gillese J.A. also made it clear that the acts of part performance need not be "referable only to the contract alleged". Rather, the test as established by the majority judgment of Cartwright J. in Deglman v. Brunet Estate, 1954 CanLII 2 (SCC), [1954] S.C.R. 725, 1954 CanLII 2 (SCC), [1954] S.C.J. No. 47, at p. 733 S.C.R., is that it is sufficient if the acts are "unequivocally referable in their own nature to some dealing with the land". …
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