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ARTICLE · 29 MAY 2015

Agricultural Law NetLetter - Thursday, May 21, 2015 - Issue 324

Miller Thomson
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An Alberta Master in Chambers has held that specific performance is not available for farm land unless the party seeking specific performance could meet the burden of establishing that the land is "unique"...

CanadaReal Estate and Construction

** HIGHLIGHTS ** *

  • An Alberta Master in Chambers has held that specific performance is not available for farm land unless the party seeking specific performance could meet the burden of establishing that the land is "unique" in the sense that it is "irreplaceable" or "one of a kind". The Master was satisfied the Plaintiffs had not met this burden. He granted the Defendants partial summary judgment, dismissing their claim for specific performance and discharging their Caveat and Lis Pendens. (Klimp v. Meinema, CALN/2015-013, [2015] A.J. No. 339, Alberta Court of Queen's Bench)

** NEW CASE LAW **

Klimp v. Meinema; CALN/2015-013, Full text: [2015] A.J. No. 339; 2015 ABQB 204, Alberta Court of Queen's Bench, Master W.S. Schlosser (In Chambers), March 27, 2015.

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