The defendant, Ali Sobhani, brought a motion to amend his Statement of Defence and counterclaim after partial summary judgment had already been granted, finding him liable for breach of an Agreement of Purchase and Sale and forfeiture of his deposit.
The proposed amendments sought to introduce defences of frustration, impossibility, and force majeure, and to reclaim the deposit.
The motion was dismissed on the grounds of res judicata and issue estoppel, as the issue of liability had been finally determined by Justice Charney.
The court found no exceptional circumstances to warrant re-litigation of liability.
