The plaintiff, Batavia Developments Inc., brought a motion under Rule 6.01 to consolidate its action with an application launched by the defendant, Shakoor Mohsini.
The defendant opposed consolidation and sought a stay of the action.
The court found that the action and application arose from the same real estate transaction and involved common questions of law and fact, requiring expert evidence and resolution of conflicting evidence.
The court determined that the matter could not be properly decided on a paper record and that examinations under oath were necessary.
The plaintiff's motion for consolidation was granted, and the defendant's motion for a stay was denied, with the application being converted into an action.