The applicant, 2441799 Ontario Inc., operates a Petro-Canada gas station and convenience store under various agreements, including a lease which it was assigned from 3AN Inc.
The property was purchased by the respondent, 2474187 Ontario Inc., from the previous landlord. Gil Shcolyar is the sole director and officer of 247.
Facts of the Case:
The lease was set to expire on October 31, 2020. The applicant alleges it exercised an option for a 5-year renewal, but the respondent refused to renew and terminated the lease.
After termination, the respondent purchased adjacent property, merged it with the original property, and sold the merged property for $8,300,000.
Issues/Main Discussion:
The applicant sought to amend its Notice of Application to add Gil Shcolyar as a respondent and make related amendments, claiming damages and seeking various declarations related to the lease and conduct of the respondent and Shcolyar.
Ruling:
Associate Justice McGraw granted the motion in part, allowing Gil Shcolyar to be added as a respondent and permitting the amendments except those alleging fraudulent conduct, for which the applicant was granted leave to amend.
Key Points/Takeaways:
Amendments to legal proceedings are allowed to add or substitute parties unless it results in prejudice that cannot be compensated by costs or an adjournment.
The court assumes the truth of the allegations in the pleadings for the purpose of the motion and does not delve into the merits of the proposed claims.
Specific allegations of fraud require full particulars to provide sufficient notice to the respondent to plead a defense.
Amount Awarded: No amount awarded at this stage; decision on costs deferred until after the application materials have been delivered and a further case conference if necessary.
