The plaintiffs moved to amend their statement of claim to add a $50,000 claim for aggravated and punitive damages, alleging the defendants breached an oral agreement by commencing eviction applications at the Landlord and Tenant Board.
The defendants opposed the motion, arguing delay, limitation periods, lack of an independent actionable wrong, and that the matter fell within the exclusive jurisdiction of the LTB.
The court granted the motion, finding that the delay could be compensated by costs and a tight discovery timetable, and that the underlying factual determinations regarding the alleged oral agreement were within the Superior Court's jurisdiction.
