The applicants sought specific performance of an agreement of purchase and sale for a 14-acre property intended for their trucking business.
The respondent, Kulwant Singh, refused to close, claiming the applicants' $100,000 deposit was delivered late, voiding the contract.
The court found the contract binding, as the respondents waived strict compliance by delaying the provision of their lawyer's name and by accepting the deposit.
The court also found Mr. Singh's conduct unreasonable and in bad faith.
Given the property's uniqueness, the inadequacy of damages, and the respondent's behaviour, the court granted specific performance, ordering the respondents to transfer the property.