The court granted summary judgment in favour of Aaron Bell, ordering specific performance of an agreement of purchase and sale (APS) for a unique mixed-use property.
The court found that Donald Bisaillon, the seller, had waived the solicitor review condition in the APS or, alternatively, could not rely on it in bad faith to avoid the sale.
The court held that specific performance was the appropriate remedy due to the property's unique qualities and the inadequacy of damages.
