The defendant brought a motion for leave to amend her statement of defence, leave to file a third-party claim against the mortgage broker and brokerage, and consequential timetabling relief, on the eve of the plaintiffs' pending summary judgment motion in a mortgage enforcement action.
The defendant alleged she had recently discovered that the mortgage broker and lender were brothers, asserting breach of fiduciary duty, breach of statutory duty, and misrepresentation by omission as new defences and counterclaim grounds.
The court found the motion was not barred by a prior vexatious-litigant-style order.
Leave to amend was denied in respect of breach of fiduciary duty, breach of statutory duty under the Mortgage Brokerages: Standards of Practice, and misrepresentation by omission, as none disclosed a reasonable cause of action against the lender.
Leave was granted to expand pleadings on unconscionability and improvident bargain, and to issue the third-party claim against the broker and brokerage.
A compressed timetable was imposed to preserve the March 9, 2026 summary judgment date.
