Barry Greenberg

The plaintiffs brought a motion for partial summary judgment in an action arising from a failed $7.25 million commercial real estate transaction.

The defendants failed to close due to lack of financing but argued the agreement was invalid and the seller's closing documents were deficient.

The court found the matter appropriate for summary judgment on liability but declined to grant partial summary judgment for the deposit, as the defendants' request for relief from forfeiture was intertwined with the overall damages claim.

The court granted summary judgment on liability in favour of the corporate plaintiff, finding the defendants breached the valid agreement.

The individual plaintiffs' claims were dismissed for lack of standing as they were not parties to the contract.

The plaintiff and defendant both sought leave to amend their pleadings in an accounting dispute arising from a construction management contract.

The defendant opposed the plaintiff's proposed amendment, arguing it raised a new cause of action that was statute-barred under the Limitations Act.

The Master applied a broad approach to defining a cause of action and found the amendment was based on the same factual matrix as the original claim.

The Master also found that discoverability was a genuine issue for trial, as the plaintiff only received the defendant's general ledger recently.

Both parties were granted leave to amend their pleadings, with costs awarded to the plaintiff.