Sutton v. Sodhi, 2017 BCSC 325

JurisdictionBritish Columbia
JudgeThe Honourable Mr. Justice Myers
Citation2017 BCSC 325
Date28 February 2017
CourtSupreme Court of British Columbia (Canada)
Docket NumberS176654
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6 practice notes
  • Specific Performance: Sale of Land
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ...6369 at para 151 [ Gracegreen ]; Gao v Park , 2021 ONSC 4560 at paras 67–69; Thillairajan , above note 4 at paras 19–21; Sutton v Sodhi , 2017 BCSC 325 at paras 22–23. 87 Lucas, above note 25 at para 84; Berthault v Green Urban , 2021 ONSC 8039 at para 53. 88 Sivasubramaniam v Mohammad , 20......
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • November 18, 2023
    ....................... 552 Sutton and Sutton v Vanderburg, [1946] OR 497...............................................284 Sutton v Sodhi, 2017 BCSC 325 .......................................................................... 503 Suzuki v Munroe, 2009 BCSC 1403 ...................................
  • Thillairajan v. Sivasubramaniam,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 18, 2021
    ...the housing market is characterized by rapid price increases, affordability becomes an important factor in the analysis: Sutton v. Sodhi, 2017 BCSC 325, at para. 22. The availability of similar homes outside of the plaintiffs’ price range does not, in my view, qualify as a “re......
  • Dhaliwal v. Binepal, 2018 BCSC 1061
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 27, 2018
    ...priced right out of it, renders this a situation in which damages are inadequate. As Mr. Justice Myers observed in Sutton v Sodhi, 2017 BCSC 325 at para 23, price is part of the broader inquiry as to whether damages are an appropriate remedy. [74] I conclude that the Dhaliwals have satisfie......
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4 cases
  • Thillairajan v. Sivasubramaniam,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 18, 2021
    ...the housing market is characterized by rapid price increases, affordability becomes an important factor in the analysis: Sutton v. Sodhi, 2017 BCSC 325, at para. 22. The availability of similar homes outside of the plaintiffs’ price range does not, in my view, qualify as a “re......
  • Dhaliwal v. Binepal, 2018 BCSC 1061
    • Canada
    • Supreme Court of British Columbia (Canada)
    • June 27, 2018
    ...priced right out of it, renders this a situation in which damages are inadequate. As Mr. Justice Myers observed in Sutton v Sodhi, 2017 BCSC 325 at para 23, price is part of the broader inquiry as to whether damages are an appropriate remedy. [74] I conclude that the Dhaliwals have satisfie......
  • Sivasubramaniam v. Mohammad, 2018 ONSC 3073
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 16, 2018
    ...the housing market is characterized by rapid price increases, affordability becomes an important factor in the analysis: Sutton v. Sodhi, 2017 BCSC 325 at para. 22 (CanLII). The availability of similar homes outside of the applicant’s price range does not, in my view, qualify as a “readily ......
  • Bajwa v. Habib, 2018 BCSC 1822
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 22, 2018
    ...performance should be ordered as a remedy. [117] The basic principles are conveniently summarized by Myers J. in Sutton v. Sodhi, 2017 BCSC 325, at paras. 16 and [16] The cases have long held that specific performance is not to be ordered unless damages would not constitute an adequate reme......

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