On competing motions in a property and trust dispute arising from a commercial and residential real estate purchase, the court addressed service, pleading amendments, and the continued registration of a certificate of pending litigation.
The court declined to strike an impugned affidavit of service, but validated service of the amended statement of claim on one defendant as of the date she clearly had notice, with leave to plead a limitation defence.
Extensive amendments were granted in part where they arose from the same core factual nexus, but inflammatory and immaterial allegations relating to criminal charges and certain improper claims were disallowed.
The request to discharge the certificate of pending litigation was refused because the action had been prosecuted with reasonable diligence despite counsel changes and procedural irregularities.
Each party was ordered to bear his own costs given divided success.
