Semelhago v. Paramadevan

Semelhago v. Paramadevan

Where a purchaser has maintained a claim for specific performance until trial, damages in lieu must be assessed so as to be a true substitute for specific performance and may be assessed at the date of trial/judgment; accordingly the respondent was entitled to damages measured as the difference between the contract price and the market value at trial and no deduction was required for the increase in value of the respondent's retained residence.

Citation
[1996] 2 SCR 415
Parties
Appellant: Sinnadurai Paramadevan; Appellant: Blossom Paramadevan; Respondent: Bernard Semelhago
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 June 1996
Procedural Posture
Contract Sale of Real Property / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Specific Performance, Damages in Lieu of Specific Performance, Assessment Date for Damages, Breach of Contract, Measure of Damages
Source Language
English
Contract Property Equity Damages Specific Performance Damages in Lieu of Specific Performance Assessment Date for Damages Breach of Contract +1 more

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Parties

Sinnadurai Paramadevan

Appellant

Blossom Paramadevan

Appellant

Bernard Semelhago

Respondent

Procedural Posture

Contract Sale of Real Property / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether damages in lieu of specific performance should be assessed at date of breach or date of trial/judgment
  2. 2 Whether purchaser is entitled to recover increase in value of the property to be purchased when damages are assessed at trial
  3. 3 Whether purchaser must have deductions for the increase in value of purchaser's retained residence

Ratio Decidendi

Where a purchaser has maintained a claim for specific performance until trial, damages in lieu must be assessed so as to be a true substitute for specific performance and may be assessed at the date of trial/judgment; accordingly the respondent was entitled to damages measured as the difference between the contract price and the market value at trial and no deduction was required for the increase in value of the respondent's retained residence.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs
  • Judgment of the Ontario Court of Justice awarding damages in lieu of specific performance in the amount determined at trial (difference between contract price and market value at trial) stands