The plaintiff, a former franchisee, brought a motion to amend its statement of claim to add new heads of damages following the termination of a commercial lease.
The defendant landlords opposed the amendments, arguing they were statute-barred, and brought a cross-motion for security for costs.
The court allowed the amendments for equipment and business losses, finding they arose from the factual matrix of the original pleading, but dismissed the proposed claims for breach of contract and fiduciary duty.
The court also granted the defendants' motion for security for costs, finding the corporate plaintiff had insufficient assets, its principal was not impecunious, and the plaintiff failed to demonstrate a good chance of success.
