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coach baby diaper bags on sale contract.The defendant refused to comply with the terms of the oral contract, claiming that the agreement had not been finalized in writing. The shares remained with Sands Brothers Canada and UBS Securities sued for specific performance to receive the shares for which they contracted.The trial judge found in the plaintiff's favour, deciding that there was a binding and enforceable agreement between the parties. UBS Securities was granted specific performance of the contract, entitling them to the 100,000 shares they were promised.Sands Brothers argued UBS Securities was under a duty to mitigate (or reduce their losses) by buying replacement shares at the time of the breach of contract. However, the court found that similar shares were not readily available at the date the contract was breached, leaving them unable to mitigate.In addition to the judge finding the plaintiff to be a credible witness, two additional considerations swayed the court in reaching its decision.First, the plaintiff's case was enhanced by electronic communications made during the course of the negotiation. The plaintiff produced detailed exchanges, made before the oral contract, outlining specifics of the agreement. The e mails traced the proposed agreement from its origin until it was nearly completed.The use of e mail resulted in more evidence being available. It resulted in creation of a time stamped record of interactions that could be used to recreate the intention of the parties.Secondly, the appeal court found that it was common practice in the securities industry to make binding agreements