The plaintiff brought a motion to amend its statement of claim to correct a misnomer in its name, changing it from 'Urban Life Residential, In Trust' to 'Urban Life Residential Inc., In Trust', and to extend the time to file a trial record.
The defendant opposed and brought a cross-motion for summary judgment dismissing the action, security for costs, and to discharge a certificate of pending litigation (CPL).
The court granted the plaintiff's motion to amend, finding it was a case of misnomer and the defendant was not misled.
The court dismissed the defendant's cross-motion for summary judgment, finding genuine issues for trial regarding the identity of the purchaser and the validity of the trust.
The requests for security for costs and discharging the CPL were also dismissed.
