The Estate of Frank Calderone brought a motion seeking leave to amend its crossclaim against Joseph Calderone to introduce new allegations of fraud and fraudulent concealment related to a family business syndicate (CBS).
The court dismissed the motion, finding that the new claims were statute-barred under the Limitations Act, 2002, as the Estate failed to exercise reasonable diligence to discover the claims by December 2011.
The court also addressed ancillary requests, granting partial production of documents from PricewaterhouseCoopers LLP, adjourning the request for documents from McMillan LLP, granting leave to examine non-party David Young (a lawyer), and ruling on various refusals from Joseph Calderone's examination for discovery.
The action was assigned to case management.
