Can damages be awarded in addition to specific performance?
British Columbia, Canada
The following excerpt is from B. Zar Enterprises Corporation v. Hitchen, 1982 CanLII 636 (BC SC):
Damages can certainly be awarded in addition to specific performance in a proper case, where losses can be shown to have been incurred in the very transaction for which specific performance was ordered. Thus in Baker v. Sockman, B.C.S.C., Fawcus J., 23rd January 1979 (not yet reported), Fawcus J. awarded damages in addition to specific performance, saying: The cost of the mortgage financing, rent from the date of closing set out in the contract, and legal fees and disbursements thrown away by the plaintiff, are to be regarded as valid damages.
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