The respondent moved to convert the applicants' breach of contract application into an action and to add her realtors as third-party defendants.
The court dismissed both motions, finding no material facts in dispute that could not be resolved by affidavit evidence and cross-examination.
The court emphasized that the main issue was the interpretation of the Agreement of Purchase and Sale and a Notice of Fulfillment, which was governed by an 'entire agreement clause,' rendering realtor communications irrelevant to the primary dispute.
The request to add third parties was dismissed as there was no action to convert to, and the realtors' potential liability was not germane to the dispute between the vendor and purchaser.
