Specific Performance

Specific performance is an equitable remedy granted at the discretion of the BC Supreme Court under its inherent equitable jurisdiction, compelling a party to complete a real estate contract rather than paying monetary damages for breach. Following the Supreme Court of Canada's decision in Semelhago v. Paramadevan, [1996] 2 SCR 415, the uniqueness of the property must be established on the evidence rather than presumed from the fact that the contract concerns real property. For single-family residential property, uniqueness is often demonstrable on the facts.

No. Specific performance is an equitable remedy granted at the discretion of the BC Supreme Court, not an automatic right. Following Semelhago v. Paramadevan, [1996] 2 SCR 415, the buyer must establish on the evidence that the property is unique and that monetary damages would be inadequate compensation. Verify the application of this test to your circumstances with a BC lawyer before commencing a claim.

The BC Supreme Court has inherent equitable jurisdiction to grant specific performance of a real estate contract. The BC Provincial Court does not have jurisdiction to grant equitable remedies such as specific performance. A party seeking specific performance must commence a civil claim in BC Supreme Court and satisfy the court's discretion on the evidence.

Yes, a seller may apply to the BC Supreme Court for specific performance to compel a buyer to complete the purchase, subject to the court's equitable discretion. The seller must demonstrate that monetary damages are inadequate and satisfy the court's equitable requirements. Verify the procedural and evidentiary requirements with a BC lawyer before commencing a claim.

In Semelhago v. Paramadevan, [1996] 2 SCR 415, the Supreme Court of Canada held that uniqueness of real property cannot be presumed simply because the contract involves land; the uniqueness must be established on the evidence. For single-family residential properties, the buyer may still establish uniqueness on the facts (for example, unique location, features, or personal circumstances), but it is no longer automatic. This applies in BC Supreme Court proceedings seeking specific performance.

Following Semelhago v. Paramadevan, [1996] 2 SCR 415, a buyer must prove on the evidence that the property is unique such that monetary damages would be inadequate compensation. The buyer must also satisfy general equitable principles, including clean hands, readiness and willingness to perform, and absence of undue hardship to the defendant. Verify the specific evidentiary requirements and defences with a BC lawyer before commencing a specific performance claim.

Yes, specific performance may be granted by the BC Supreme Court for contracts involving strata properties governed by the Strata Property Act, SBC 1998, c. 43, subject to the court's equitable discretion. Following Semelhago v. Paramadevan, [1996] 2 SCR 415, the buyer must establish on the evidence that the particular strata lot is unique and that damages are inadequate. Verify the application of uniqueness to your strata property circumstances with a BC lawyer.

A buyer's claim for specific performance is independent of the deposit; the buyer seeks completion of the contract and transfer of title, not return of the deposit. If specific performance is denied, the buyer may seek return of the deposit as an alternative remedy, depending on the terms of the contract and the reason for non-completion. Verify your remedies and the interplay of claims with a BC lawyer before commencing litigation.

If the seller has transferred legal title to a bona fide purchaser for value without notice of the prior contract, the BC Supreme Court generally cannot order specific performance against the original seller because the remedy requires the defendant to convey title that no longer exists. The original buyer's remedy may be limited to monetary damages for breach of contract. Verify the remedies available in your specific fact situation with a BC lawyer immediately.

Yes, decisions of the BC Supreme Court granting or refusing specific performance may be appealed to the BC Court of Appeal. The exercise of equitable discretion is reviewed for palpable and overriding error on findings of fact, and for correctness on questions of law or mixed fact and law where a legal principle is at issue. Verify appeal deadlines and standards of review with a BC lawyer, as appeal periods are strict and jurisdictional.