What is the test for specific performance in a real estate contract?
British Columbia, Canada
The following excerpt is from Walia v. Gandhi, 2005 BCSC 314 (CanLII):
The defendant says that the plaintiff was made whole by the repayment of the purchase price within several days of the breach and further, that the contract did not involve the purchase of a chattel that is unique. Accordingly, the plaintiff is not entitled to specific performance. Counsel relies on Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415.
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