The applicant, Living Realty Inc., sought leave to appeal an order granting the plaintiff leave to amend the Statement of Claim nunc pro tunc to include a breach of trust claim, and an order certifying the action for negligent misrepresentation as a class proceeding.
The Divisional Court dismissed the application, finding no conflict in the authorities regarding the amendment, as it merely set up new facts for an existing claim.
The court also found no principled basis to refuse certification for negligent misrepresentation given the factual overlap with the breach of trust claims, consistent with appellate authority.
Leave to appeal was denied with costs.
