The Ontario Court of Appeal considered a case where it was clear that the Seller lacked funds to appropriately compensate the Buyers. Consequently, Specific Performance was granted.
The Court in Dhatt v. Beer, 4 March 2021, quoted the previous decision in Lucas with approval:
“Whether specific performance is to be awarded or not is therefore a question that is rooted firmly in the facts of an individual case … In determining whether a plaintiff has shown that the land rather than its monetary equivalent better serves justice between the parties, courts typically examine and weigh together three factors:
- (1) the nature of the property involved;
- (ii) the related question of the inadequacy of damages as a remedy; and
- (iii) the behaviour of the parties, having regard to the equitable nature of the remedy …
Whether a property is unique, either by virtue of its nature or the features of the contract for its purchase and sale, operates as only one of several factors a court must consider when determining entitlement to specific performance….”
Brian Madigan LL.B., Broker