What is the test for determining whether a property is unique?
Ontario, Canada
The following excerpt is from Samuel v Muti, 2017 ONSC 234 (CanLII):
This brings me to the question of whether the property is unique. Related to this factor is the nature of the transaction between the parties and whether there is a reasonable claim in damages. In analyzing this part of the test, I am not required to resolve the question of whether the Plaintiff should be entitled to specific performance. Rather, all I need to determine is whether the Plaintiff can establish whether there is substantive issue to be tried issue that may entitle the Plaintiff to that remedy (see Kalia v. Landmortgage Corp., supra, at paragraph 4). In this case an issue exists.
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