In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate ...
Although most are familiar with the well-established axiom that real estate is a unique asset, it does not necessarily follow that specific performance is generally available for breach of an ...
Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore ...