SCC Rules on Mitigation and Specific Performance in a Real
Estate Deal Gone Wrong   [author: Derek J. Bell]  And the
bravest man in all the land Turns white with mortal fear. For he
knows the smallest leak may grow To a flood in a single night;
And he knows the strength of the cruel sea When loosed in its
angry might.  P. Cary, "The Leak in the Dike" (1873)  The
concept of mitigation, in essence, is that a plaintiff cannot
sit idly by, watching damages escalate if reasonable steps can
be taken to avoid or reduce the loss. Having seen the leak in
the dike, the theory would hold, the Dutch boy is obligated in
law to stop the flood by stopping the leak, rather than waiting
for the dike to break altogether, with the catastrophic losses
(the "strength of the cruel sea") that would ensue. In a real
estate context, mitigation means purchasing a reasonable
alternative property.  A tricky mitigation question arises,
however, when a plaintiff is seeking specific performance.
Specific performance is a remedy that is som