Can I get specific performance of a contract for the sale of goods in Ontario?

Specific performance of a contract for the sale of goods is available in Ontario, but it is granted far less readily than for real property. Courts order it when the goods in question are unique or rare and money damages would not adequately compensate the buyer — for example, one-of-a-kind artwork, antiques, heirlooms, or a specific lot of goods that cannot be sourced elsewhere.

For commercially interchangeable goods — generic commodities, standard products available from multiple suppliers — courts will almost always award damages (the difference between the contract price and the market price) rather than compelling the seller to deliver. The rationale is that the buyer can go into the market and buy equivalent goods, making money an adequate remedy.

Ontario's Sale of Goods Act gives courts explicit authority to order specific performance in an action for breach of contract where the seller fails to deliver specific or ascertained goods, where the court thinks it appropriate in the circumstances. Courts exercise this discretion conservatively.

If you are in a dispute over goods you believe are unique and irreplaceable, act quickly and document why equivalent substitutes are genuinely unavailable. That evidence is central to making the case for specific performance rather than a damages award.