Court File and Parties
Court of Appeal for Ontario Date: 20200310 Docket: C67338
Before: Tulloch, Benotto and Jamal JJ.A.
Between: Andrew Blau Plaintiff/Respondent
And: Li Wang Defendant/Appellant
Counsel: Diana Isaac and Michelle Polster, for the appellant Shawn Tock, for the respondent
Heard and released orally: March 6, 2020
On appeal from the order of Justice Janet Leiper of the Superior Court of Justice, dated July 23, 2019.
Reasons for Decision
1The motion judge awarded specific performance as a remedy for breach of contract. There was no evidence and consequently no finding that the property was unique. This is an error of law that had the effect of granting a windfall to the respondent: see Semelhago v. Paramadevan, [1996] 2 S.C.R. 415 at paras. 20 and 21.
2The appeal is allowed, and the matter should proceed to trial.
3There will be no costs of the appeal.
"M. Tulloch J.A."
"M.L. Benotto J.A."
"M. Jamal J.A."