Is there any difference between the assessment of damages in lieu of specific performance and the amount of damages assessed at the date of judgment?

British Columbia, Canada


The following excerpt is from Kostiuk (Re) (Trustee of), 2002 BCCA 410 (CanLII):

Prof. Waddams draws an analogy between the assessment of damages in detinue and for damages in lieu of specific performance (at p. 1-49): ...if the plaintiff brings an action in detinue, the court has jurisdiction to order specific delivery of the chattel claimed. Such an order has the effect of giving the plaintiff the benefit of any increase in the value of the chattel between the date of the wrong and the date of judgment. Just as in the case of damages in lieu of specific performance, it seems to follow that on refusal of specific delivery the plaintiff must be entitled to damages representing the value of the chattel at the date of judgment. The analogy was drawn in Malhotra v. Choudhury [[1980] 1 Ch. 52 at 78 (C.A.)]: The equitable remedy of specific performance has features markedly different from damages at common law for breach of contract. But there is an analogy at common law to the equitable remedy of specific performance. This is to be found in the action in detinue...the action in detinue partakes of the nature of an action in rem in which the plaintiff seeks specific restitution of his chattel. In this action where an order for a writ of specific delivery can be made, the plaintiff has always been entitled instead to claim its value in money assessed at the date of judgment.

Other Questions


What is the difference between non-pecuniary and pecuniary damages in the assessment of damages for loss of a marriage? (British Columbia, Canada)
Is there a match between heads of damage in the tort award and specific heads of damages under the s. 83 benefit recovery scheme? (British Columbia, Canada)
Is there any difference between liability and damages? (British Columbia, Canada)
What is the difference between a request for a psychiatric assessment and an independent medical assessment? (British Columbia, Canada)
What is the difference between damages for mental distress and aggravated damages for breach of contract? (Ontario, Canada)
What is the difference between damages in tort and damages in contract? (Ontario, Canada)
What is the difference between the amount of spousal support awarded by a court and the amount that is awarded by the court? (British Columbia, Canada)
Is there any distinction between damages for the taking of a Crown grant mineral claim which is a chattel and damages for taking a Crown Grant mineral claim that is a interest in land? (British Columbia, Canada)
What is the difference between in-home assessment and orthopedic assessment? (Ontario, Canada)
Can a purchaser for specific performance claim damages as a substitute for damages as of the date of trial? (Ontario, Canada)