What is the test for uniqueness in a home?
Ontario, Canada
The following excerpt is from Ahmad v. Ashask, 2022 ONSC 1348 (CanLII):
An assessment of uniqueness must take into account all the surrounding circumstances. This includes: the purchaser’s “wish list”, the market conditions, the location, the type of home, the condition of the home, the lot, the finished areas of the home, the quality of finishes, the availability of comparable homes with the same attributes in the same price range, the proximity to certain amenities, etc., see Datta v. Eze, 2020 ONSC 4796, at para. 44.
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