H.

The parties brought a consent motion (Form 14B) seeking an order to set a six-day trial date for the week of September 21, 2020.

The court declined to grant the order, finding the issue not urgent under the Chief Justice's Notice regarding COVID-19 suspensions.

The judge emphasized the need to avoid queue-jumping for trial dates given the ongoing suspension of court matters and the court's process for re-scheduling trials, citing the primary objective of the Family Law Rules to deal with cases justly, including appropriate resource allocation.

The defendant, Ali Sobhani, brought a motion to amend his Statement of Defence and counterclaim after partial summary judgment had already been granted, finding him liable for breach of an Agreement of Purchase and Sale and forfeiture of his deposit.

The proposed amendments sought to introduce defences of frustration, impossibility, and force majeure, and to reclaim the deposit.

The motion was dismissed on the grounds of res judicata and issue estoppel, as the issue of liability had been finally determined by Justice Charney.

The court found no exceptional circumstances to warrant re-litigation of liability.