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 ...
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, ...
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 ...
Most M&A agreements include specific performance provisions that allow either party, under certain circumstances, to seek to have a court force the other party to comply with its contractual ...
When negotiating the remedy for a buyer’s failure to close an acquisition, the parties typically agree to a specific performance remedy and sometimes also agree to a reverse break-up fee. In drafting ...
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