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Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Final Report 97


Under the present law of Alberta, specific performance of a contract for the sale and purchase of land will not be granted to the purchaser under the contract unless the land is unique in the sense that no substitute is readily available. In 1996, the Supreme Court of Canada, in Semelhago v Paramadevan, said that it is no longer the case that every piece of real estate is unique and that it therefore cannot be assumed […]

AREA OF LAW Corporate and Commercial Property Real Property
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FORMAT Publications
FILE fr97.pdf

October 29, 2009

Contracts for the Sale and Purchase of Land: Purchasers’ Remedies, Report for Discussion 21


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 […]

AREA OF LAW Corporate and Commercial
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FORMAT Publications
FILE rfd021.pdf

March 2, 2009