Can a declaration for a refusal of specific performance be made on an interlocutory application?
British Columbia, Canada
The following excerpt is from Saunders v. Multi Builders Ltd., 1981 CanLII 768 (BC SC):
In Towne v. Brighouse (1908), 6 B.C.R. 225, Irving J. suggested that a declaration for a refusal of specific performance should not be decided on an interlocutory application if it can be avoided, and then only under peculiar circumstances. The report of the case is short, and there does not appear to be anything in the facts, such as here, which would justify refusing the defendant a hearing on the merits. I would classify the circumstances here as peculiar.
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