In Racco v. Slimmon-Weber (Ont Div Ct, 2026) the Ontario Divisional Court (mostly) dismissed an appeal from Small Claims Court, this brought against a commercial L&T action where the respondent was "awarded special damages of $8,295.18 and punitive damages of $5,000".
Here the court considers CJA 99 ['Damages in substitution for injunction or specific performance'], which allows a damages remedy in addition to injunction or specific performance:
[21] The appellant further submits that the Deputy Judge erred in failing to consider the order of specific performance already made in the Superior Court application, yet s. 99 of the Courts of Justice Act expressly provides that a court may award damages in addition to specific performance. ...
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