The Buyer had acquire a century home which was destroyed by fire. The Trial Judge determined that the Buyer was not entitled to specific performance because it was no just vacant land.
Previously, it was indeed unique, so specific performance was available.
But, the fire itself destroyed all those unique qualities and consequently specific performance as a legal remedy was no longer available.
Ontario Superior Court of Justice in McDonald v. Lowrie, 2025 ONSC 1397 (CanLII).
Brian Madigan LL.B., Broker