The applicants sought to enforce an agreement of purchase and sale for a condominium unit.
The respondent attempted to terminate the agreement due to construction delays and changes to the floor plan, offering to sell the unit back to the applicants at a higher price.
The court found that the respondent had no unilateral right to terminate the agreement and that the contract was not frustrated.
The court granted specific performance, finding the property unique and the respondent's conduct unjustified.