The applicant purchaser sought specific performance of an Agreement of Purchase and Sale for a condominium unit after the respondent vendor refused to close the transaction.
The application proceeded unopposed.
The court applied the test from Semelhago, finding that the property was sufficiently unique due to its size, wheelchair accessibility, and location, which were necessary for the applicant's elderly and disabled mother.
The court granted specific performance, ordering the respondent to deliver clear title, and awarded costs on a substantial indemnity basis due to the respondent's inexcusable conduct.