This report addresses the current state of the law (as of the time of publication) concerning situations where a purchaser of land has fulfilled his or her obligations under the purchase contract, but the vendor has not transferred the land. In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada determined that in most such cases, the purchaser will be entitled to damages, but not specific performance (i.e., receipt of the land in question), unless the parcel of land can be proven to be “unique.” The report contends that provision of damages to the purchaser in this type of case is not always in the interests of justice, and suggests that statutory changes be made with the effect of moving the presumptive remedy in these cases back to specific performance.
Report For Discussion
Back to Publication SearchContracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21
Resource Details
Publication No: | 21 |
FORMAT: | Publications |
TAGS: | obligation, paramadevan, performance, semelhago, contract, damages, Land, purchase, remedy, sale |
FILE: | rfd021.pdf |