J. Watts

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.

The plaintiff condominium corporation brought motions to extend the set down deadline in a 2012 construction deficiency action and to have a related 2017 solicitor's negligence action tried together with it.

The defendants in the construction action cross-moved to dismiss for delay.

The court granted the extension peremptorily to December 31, 2023, finding the delay adequately explained and no actual prejudice to the defendants.

The court dismissed the motion to try the actions together and instead stayed the solicitor's negligence action, finding the construction action significantly more complex and that a stay would prevent unnecessary duplication of resources.