Can a court order someone to actually perform a contract in Ontario?
Yes. Specific performance is an equitable remedy available in Ontario courts that orders the breaching party to actually carry out what they promised, rather than simply paying money damages. However, courts grant it only in limited circumstances.
Specific performance is most commonly awarded when the subject matter of the contract is unique and money cannot adequately compensate the innocent party. Real estate is the classic example — Ontario courts have historically treated individual properties as unique, making specific performance an available remedy in land deals where one side refuses to close. Courts have also considered it for certain rare goods or one-of-a-kind items.
By contrast, courts will not order specific performance for personal service contracts (you cannot be ordered to work for someone), and they are reluctant to grant it in ordinary commercial contracts where a damages award would make the plaintiff whole.
To obtain specific performance, you must act promptly (the doctrine of laches — undue delay — can bar the remedy) and demonstrate that damages would be inadequate. A litigation lawyer can advise whether your specific situation is strong enough to seek this remedy.
Key takeaways
- Specific performance orders actual contract performance rather than money.
- It is most available when the subject matter is unique, such as real property.
- Courts will not order specific performance of personal service obligations.
- You must act without undue delay to preserve the right to this remedy.