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 ...

Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole. One such remedy is specific performance [a topic previously addressed by this ...

The undisputed facts in Oliver appear straightforward enough for a case that sparked a somewhat extended discussion. The sellers breached a residential sales contract, for two tracts of land, ...

A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...

The ability of small business employees to apply their skills and knowledge toward the accomplishment of business objectives, work effectively with fellow employees and meet customer needs are primary ...

Interestingly, the deputy judge in Rainbow examined each of the various objections traditionally raised against the award of specific performance of a covenant to repair in favour of a landlord. Want ...

The authors explore cases where the remedy of specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance. They ...

The changes made in the Sale of Immovable Property (Specific Performance) law serve to the maximum extent the buyer of a property who files his sale contract at the Land Registry. Despite the ...