Court Finds Waterfront Cottage Sufficiently Unique for Specific Performance

Yona Gal, J.D., LL.MCottage Litigation, Cottage Purchase and Sale, Recreational Property, Recreational Property Litigation0 Comments

In Carr v Rivet, 2019 ONSC 1546, the Ontario Superior Court recently dismissed a motion to discharge a certificate of pending litigation (“CPL”).  In doing so, the Court held that a waterfront cottage on Talon Lake was sufficiently unique to form the basis of a claim for specific performance. Importantly, in addition to finding that the particular cottage was specifically unique to the plaintiffs, the Court noted that most waterfront properties are, by their nature, unique.  Unlike mass-produced properties, each waterfront property possesses different exposure and other water-related features that make it unique. Facts The day after their real estate transaction was supposed to close, the Plaintiffs commenced an action seeking specific performance.  Subsequently, the Plaintiffs successfully brought an ex parte motion to register a CPL against the property.  The Defendant then moved to discharge the CPL arguing, among other things, that the property was not sufficiently unique to support … Read More