Ontario Barrister and Solicitor Practice Exam

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What is W's best course of action to force the seller to honor the contract and allow additional time for financing?

Request an indefinite extension
Pursue a claim for pecuniary damages
Seek specific performance
Sell the right to purchase to another party

The correct answer is: Seek specific performance

W's best course of action would be to seek specific performance. This means W can go to court and ask for a court order requiring the seller to fulfill their obligations under the contract, which includes allowing additional time for financing. Requesting an indefinite extension (A) may not hold the seller accountable and would only prolong the situation. Pursuing a claim for pecuniary damages (B) would also not guarantee the seller's compliance with their contract and may not be a feasible solution. Selling the right to purchase to another party (D) would mean W would lose their chance of purchasing the property and would not hold the seller accountable. Therefore, seeking specific performance (C) would be the best option for W in this scenario.