In some cases where a seller has breached an agreement to
transfer title to a property, a buyer may seek an order for
"specific performance" requiring that the transaction be
completed instead of monetary damages. A key factor in such claims
is the uniqueness of the property at issue. While this involves an
assessment of the property's physical attributes and location,
the personal circumstances of the buyer must also be considered, as
demonstrated by the Court of Appeal for Ontario decision in
Gill v. Gill, 2024 ONCA 877 (CanLII).
The litigation involved a dispute between a son, his father and
his stepmother over title to a property in Brockville, Ontario. In
2011, the son purchased the property for $218,000, with financial
assistance from the parents, including a $15,000 gift and a $5,000
loan. To assist with the purchase, he took out a mortgage in the
amount of $174,400.
