What is the test for specific performance as a remedy in a contract dispute involving real property?

British Columbia, Canada


The following excerpt is from Deol v Sinnathamby, 2021 BCSC 722 (CanLII):

Historically, it was commonplace for specific performance to be granted as a remedy in the context of contract disputes involving real property. However, the modern approach favours damages, rather than specific performance, as a remedy for breach of contracts involving real property. In Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415 at 429, Sopinka J. noted the exceptional nature of specific performance as a remedy when land is in issue: 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.

Other Questions


Is it fatal to a specific performance claim for specific performance that the contracting party, and sole named plaintiff, cannot and does not provide any evidence that touches on the reasons why the property is unique to her? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
What is the test for specific performance of a contract for the purchase and sale of a residential property? (British Columbia, Canada)
How have the courts dealt with a specific performance claim for specific performance? (British Columbia, Canada)
What is the property of a property that is unique and specific performance? (British Columbia, Canada)
What is the test for specific performance of an agreement to purchase a residential property? (British Columbia, Canada)
What is the test for determining whether a contract can be specifically performed? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
Is specific performance a presumptive remedy for the purchase and sale of real estate? (British Columbia, Canada)
Is a plaintiff entitled to specific performance of the contract for the sale of the tractor-trailer? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.