Summer Xia

The moving party, Hermina Developments Inc., sought a stay of an order permitting the respondents to sell a 26.7-acre parcel of land in Woodstock, Ontario, pending appeal.

The Court of Appeal for Ontario dismissed the motion, finding that while there was a serious issue to be tried, Hermina failed to establish irreparable harm or that the balance of convenience favoured a stay.

The court held that any losses could be compensated by damages and that the property was not unique.

The respondents were awarded costs.

Wiseway Global Canada Consulting Ltd. sought leave to further amend its statement of claim following examination for discovery.

CTBC Bank Corp. (Canada) opposed the motion, arguing that many proposed amendments improperly pleaded evidence and argument, contained unnecessary repetition and inconsistencies, and included unsupported or scandalous headings.

The court, applying Rule 26.01 of the Rules of Civil Procedure, granted leave in part.

It allowed most of the proposed amendments, emphasizing that a statement of claim should contain all material facts and that inconsistencies with a reply are not a bar to amendment.

However, the court denied leave for certain paragraphs and a heading that were found to improperly plead evidence or argument, or were unsupported by material facts (specifically, the "Ponzi scheme" characterization).