2 total
The court granted leave to amend a statement of claim to add statutory references, finding they did not constitute new causes of action.
The plaintiff estate sought leave to amend its statement of claim to add specific statutory particulars, including sections of the Statute of Frauds and other legislation, to support its claim for an interest in property.
The defendants opposed, arguing the amendments constituted new claims barred by a limitation period.
The court granted the motion, holding that the proposed amendments merely particularized existing factual allegations and did not introduce new causes of action, thus not being statute-barred.
Receiver's sale of real property approved; debtor denied access to confidential pricing without signing non-disclosure agreement.
The court-appointed receiver moved for approval of the sale of the debtor's real property, approval of its fees, and authorization to make distributions.
The debtor opposed the motion, seeking disclosure of the unredacted purchase agreement and confidential appendices without signing the receiver's proposed confidentiality agreement.
The court held that the confidentiality agreement was reasonable and necessary to protect the integrity of the sales process.
Applying the Soundair criteria, the court found the receiver's marketing process and the proposed sale were commercially reasonable.
The court approved the sale, the receiver's fees, and the interim distribution, and granted a sealing order for the confidential appendices.
