John Dodge Holdings v 805062 Ontario [2003] Facts: Plaintiff had a contract for the sale of a piece of property from Defendant next to Canada’s Wonderland (Magna was the seller and Dodge was the purchaser). The specific house location was superior because of zoning (Banquet halls and eating establishments). The property was superior in a number of ways for the plaintiff's purposes, and at a better price. SO ~ they sue for specific performance in this case.
Issue: Is this land transaction unique enough to warrant specific performance?
Holding: Yes. The land transaction is unique enough to warrant specific performance.
Rule: Specific performance (and all equitable remedies) should be ordered if it would “do more perfect and complete justice” than an award of damages. (Beswick v Beswick).
