I had an unconditional cash property Purchase Sale Agreement…

the draft was given on 3rd May as requested. Will send more detailed information later today when I reach home.

My son Rishi Talwar, who has just finished his 2nd year in Law at the University of Ottawa, has done some legal research for me so that we may start the legal action.
His points, which he pulled out are attached to this email FYI and review. Please see the decision in the first footnote case in which the Supreme Court of Canada has held that
."...where neither party has repudiated the contract, there is no breach of contract and that the Contract is still alive and both parties are obligated to perform their duties under the contract."
I have not repudiated or accepted the seller's refusal to close, and I never signed the release. I never said that I will not close and always maintained that I will take the property entirely on my own, and had always funds ready and available to close the deal.
Rishi feels strongly, just like Brian Hebert from Nelligan Law, yourself and others, that the Contract Agreement PSA is still alive and I still can get the property.
I was looking for this kind of unique property for many years, with Hamid's help, for the Indo-Canadian Community Centre Inc. (ICCC), a non-profit charitable community organization, and I had plans to make some personal donations also for the acquisition of the property to acquire it. This signed MOU was sent to you in an email (included in Rita's email chain) and my contextual email to the ICCC Board can also be provided as valid proof.May 6, 2021
Hello Dad,
Below is some information for you that might help you.
In 1996 the Supreme Court of Canada held that where the seller breaches an agreement of purchase and sale, you can sue for specific performance, provided that you can establish that the property is unique. If it can be established that the property is unique, you have the option to either to sue for specific performance or for damages. If you cannot establish that the property is unique, your only remedy would lie in damages.
To show that the property is unique, it is necessary to establish that there are no other available substitutes. One method of proving that there is no readily available substitute is to show that the property has a quality that cannot be readily duplicated elsewhere. An approach whereby experts can find other properties with similar characteristics to the land will not establish that the property is not unique.
If your intention was to purchase the profit for personal gain, it is possible that the court may reject your claim for specific performance and hold that your only remedy will lie damages.
If you decide to sue for damages, the damages will be assessed at the date of the trial and will be the difference of the price on the agreement of purchase and sale and the value of the land at the date of trial, plus costs and appraisal fees.
I hope the above information is helpful to you.
Kind Regards,
Rishi Talwar
Semelhago v Parmadevan, [1996] 2 SCR 415.
Ibid.
Erie Sand & Gravel Ltd. v. Series' Farms Ltd., 2009 ONCA 709.
Fram Elgin Mills 90 Inc. v. Romandale Farms Limited, 2021 ONCA 201
(###) ###-####BC Ltd. v.(###) ###-####BC Ltd, 2018 BCSC 1655.
(###) ###-####BC Ltd. v.(###) ###-####BC Ltd, 2018 BCSC 1655.

34;This is for J.Chen" Please answer my questions.

34; This is for J. Chen": My real estate agent had informed via email and frequent phone calls that the other partner will not have cash funds for the unconditional offer and that I was prepared to close the deal with total funds. My lawyer had also informed via emails and telephone conversations the seller's lawyer that I will close the deal with total funds on30th April 2021 and had received SOA. Sellers real estate , in my opinion accepted the other offer unethically during the weekend and informed us on Monday. Since it was an unconditional cash sale, it was not on the MLS and my partner very likely informed/ induced other group to make a new offer. Thee seller's lawyer did not close on Monday and, on Tuesday wrote to my lawyer that your clinet is in repudiatory breach - knowing full well that funds were in my Lawyer's Trust account to close the deal on Monday. My son in Univ. of Ottawa Law School has finished his 2nd year and done research which shows that the Contract is still Alive as per law and I am not in repudiatory breach. What are your thoughts.? Can the Real Estate firm, with full knowledge of situation, accept an other offer legally? Will not a lawyer closing the other party's deal enquire if mutual release was obtained? It is possible that the other party may never reveal the details to another lawyer closing the deal? I was in funds on 30th April, had guaranteed for it, but I have not seen from email exchanges that my lawyer formally received any email or in-writing that the deal could be closed on Monday or Tuesday. This makes me wonder that may be my lawyer did not do his job properly?

34;This is for J.Chen " Thank you for your feedback. The seller's agent has come back with the info that their lawyer did not have any documented proof of agreeing to close on Monday or Tuesday. They gave me a very short window of time to make another offer from original $750,000 to a new $800,000 unconditional cash offer on my name only and I have just now done that with the advice of my real estate agent. He says lock the deal before anyone else gets it, and then I can sue them later for the increased $50,000. Do you think he is right? Can I claim damages from the other partner. I could not reach my own lawyer to check the implications of my new action. Any advice will be greatly appreciated. Should I use my existing lawyer to close the deal now?