Background:
Thomas Sky, the plaintiff, was a customer of The Toronto-Dominion Bank (TD) and held multiple accounts, including mortgages and a home equity line of credit (HELOC). Following a dispute and perceived misconduct during a bank interaction in August 2018, TD terminated its relationship with Sky and demanded repayment of the HELOC by November 2018. After failing to pay, TD initiated foreclosure proceedings, and Sky ultimately sold the property to settle the debt. Sky later filed a civil claim against TD, alleging breach of contract and violation of his Charter rights, among other claims.

Legal Issues:

• Amendment of Pleadings: Sky sought leave to further amend his Notice of Civil Claim (NOCC) to include additional breach of contract claims and remove several previous claims, including a Charter violation.

• Collateral Attack: The court found that some proposed amendments attempted to relitigate issues resolved in a prior foreclosure order (Order Nisi), which constituted an impermissible collateral attack and abuse of process.

Court’s Decision:

• Permitted Amendments: The court allowed amendments that clarified or reduced claims without introducing new causes of action.

• Denied Amendments: The court denied amendments challenging the validity of the HELOC demand and foreclosure, as these were final and binding issues already settled by the Order Nisi.

• Costs: The court allowed the parties to address the issue of costs separately.

Award/Costs:
The judgment did not specify the total amount of costs awarded, as the issue was reserved for later determination.