Difference Between Two Real Estate Court Orders in Ontario

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Question:

An injunction is a court order stopping a party from continuing a breach. (In other wording, it is my understanding, “to do what they were supposed to do”)

Specific performance is a court decree or order that the party in breach must do the specific thing that was promised

My question is, then what is the difference?

Answer:

They are both Court Orders. One says “stop” and the other says “go”.

With an Injunction, any breach will result in contempt of Court and damages.

In the case of Specific Performance, it is has its own remedies. The Court will not Order a Buyer to buy a property. That will simply be breach of contract. A Court could Order the Seller to sell the property (assuming he still owns it). If the Seller doesn’t comply, the Court can sign the conveyance on behalf of the Seller.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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