T. Lampropoulos

The plaintiffs brought a motion for a certificate of pending litigation (CPL) after the defendants terminated an agreement of purchase and sale for a residential property.

The defendants claimed the agreement was terminated because the plaintiffs failed to provide a certified cheque for the deposit, though the agreement only required a 'negotiable cheque'.

The court found that the plaintiffs had established a reasonable claim to an interest in the land, noting the property's unique feature of abutting a public park.

Concluding that the defendants likely repudiated the agreement to seek a higher purchase price in a rising market, the court held that the equities strongly favoured the plaintiffs and granted the CPL.

The plaintiffs brought a motion to amend their Statement of Claim to substitute a new corporate entity as the plaintiff, having mistakenly named the former property owners instead of the actual owner at the time of the fire loss.

The defendants opposed, arguing the limitation period had expired.

The court granted the amendment, finding it was a true case of misnomer and the defendants suffered no non-compensable prejudice.

The court also set aside an ex parte costs order previously made against the plaintiffs, finding their counsel's failure to attend the motion was due to an honest misunderstanding.