Specific performance was appropriate remedy

Remedies - Specific Performance - Availability in Particular Contracts

Parties engaged in litigation concerning sale of property where applicant operated animal clinic. Parties entered into settlement agreement, and applicant complied with terms but respondent refused to sell property on date specified as value of property had increased and respondent alleged settlement agreement was void. Application to enforce settlement agreement was granted. Respondent appealed. Appeal dismissed. Application judge erred in finding that existence of settlement agreement allowed her to order specific performance without undertaking analysis to determine if this was appropriate remedy. Property was unique, applicant was ready, willing and able to close on purchase of property on date specified in agreement, there were no facts disentitling applicant to equitable relief, and damages were not suitable alternative. Specific performance was appropriate remedy, and sale was to be completed within 30 days of release of decision.

Paterson Veterinary Professional Corporation v. Stilton Corp. Ltd. (2019), 2019 CarswellOnt 15048, 2019 ONCA 746, D.M. Paciocco J.A., A. Harvison Young J.A., and M. Jamal J.A. (Ont. C.A.); affirmed (2018), 2018 CarswellOnt 14422, 2018 ONSC 4952, Tzimas J. (Ont. S.C.J.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

LSO Convocation approves license proposal for non-lawyer family legal services providers

Recent ruling a 'cautionary tale' for start-ups, says IP lawyer

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders

Law Society of Ontario extends virtual verification until January 2024

Ontario Court of Appeal upholds summary judgment in seller's favour after buyer fails to close

Heather Johnston joins Law Foundation of Ontario's board of trustees

Most Read Articles

Seven new judges join Ontario Court of Justice

LSO and federation push Metrolinx to find alternative to new subway station on Osgoode Hall property

LSO Convocation approves license proposal for non-lawyer family legal services providers

OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders