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

[1] The 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.

[2] The appeal is allowed, and the matter should proceed to trial.

[3] There will be no costs of the appeal.

"M. Tulloch J.A."

"M.L. Benotto J.A."

"M. Jamal J.A."