The defendants brought a motion seeking leave to amend their statement of defence to include a counterclaim and to obtain a Certificate of Pending Litigation (CPL) against a property.
The plaintiff opposed both requests, arguing the counterclaim lacked merit and the CPL was unwarranted.
The court granted leave to amend the pleading, finding no uncompensable prejudice to the plaintiff.
However, the court dismissed the request for a CPL, concluding that the balance of convenience did not favor its issuance, particularly given that prior cost awards against the plaintiff had been paid and other procedural tools were available to the defendants.
