The plaintiff, Jinhang Feng, brought a motion for leave to amend the statement of claim to add alternative claims for monetary damages and unjust enrichment, in addition to the original claim for specific performance of an agreement of purchase and sale.
The defendant, Han Yun Liu, opposed the motion, arguing that the proposed amendments constituted a new cause of action and were therefore statute-barred.
The court granted leave to amend, finding that the proposed amendments did not introduce a new cause of action but rather sought alternative relief based on the same facts already pleaded.
The court also awarded substantial indemnity costs to the plaintiff, finding that the plaintiff had obtained an order more favourable than a prior offer to settle the motion.
