The appellants sought leave to amend their statement of claim in an action arising from a neighbour dispute over a right-of-entry permit and property excavation.
The motion judge denied leave to add claims for negligent misrepresentation and breach of fiduciary duty against the municipality and its by-law officer, and struck portions of the claim as a collateral attack on a prior injunction order.
The Court of Appeal upheld the dismissal of the negligent misrepresentation and fiduciary duty claims, finding no special relationship or reliance.
However, the Court allowed the appeal regarding collateral attack, holding that the appellants were seeking damages for the respondents' actions rather than attempting to invalidate the prior order.
