What is the test for specific performance in a contract of purchase and sale?
British Columbia, Canada
The following excerpt is from Trinden Enterprises Ltd. v. Ramsay, 2008 BCSC 177 (CanLII):
This is a claim for damages. In a Rule 18A summary trial held on November 26 and 27, 2003, with reasons issued on February 17, 2004 (Trinden v. Ramsay, 2004 BCSC 226), Mr. Justice Meiklem found the defendant to have breached a contract of purchase and sale of commercial property. The entered order dismissed the claim for specific performance and granted leave to the plaintiff to prove damages.
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