The defendant/plaintiff by counterclaim, Bijan Naghshbandi, sought leave to amend his statement of defence and counterclaim to add Tarra Engineering and Structural Consultants Inc. (TESC) as a defendant by counterclaim and to add claims for monetary damages.
The motion required leave under Rule 48.04 as the action had been set down for trial.
The court granted leave, finding a substantial and unexpected change in circumstances due to late production of financial records.
The court also allowed most proposed amendments, including claims for a declaration of ownership interest in Tarra Inc. and TESC, successor corporation status, oppression remedy under the OBCA, and fraud.
However, claims for breach of contract, inducement to breach contract, and unjust enrichment related to unpaid salary and management fees against TESC were denied as untenable.
TESC was granted leave to plead a limitations defence.
Costs were awarded to Naghshbandi, fixed at $8,000, payable equally by the opposing parties.
