Motion to Amend Pleadings: Alpha Investments sought to amend its Statement of Claim in an oppression lawsuit. The amendments included issues related to a failed sale transaction (DNS transaction) and a claim for punitive damages.
Opposition to Amendments: The Defendants (Lunenburg Marine Railway Company, Lunenburg Foundry & Engineering Limited, and several individual defendants) opposed the amendments concerning the DNS transaction, arguing that since the transaction did not proceed, there was no "live issue" or justiciable matter for the court to decide.
Court Findings:
Justiciable Issue: The court found that the amendments related to the DNS transaction did not raise a justiciable issue because the transaction was never completed, making any related claims moot.
Declaratory Relief: The court emphasized that declarations should only be granted if there is a live controversy. Since the DNS transaction was never finalized, no practical relief could be provided.
Bad Faith: The court declined to find that Alpha acted in bad faith in seeking the amendments, noting insufficient evidence to support such a claim.
Punitive Damages: The court reserved its decision regarding the amendment for punitive damages pending further submissions from the parties.
Outcome:
Amendments Denied: The court denied the amendments related to the DNS transaction due to a lack of a justiciable issue.
Costs: Costs were awarded to the Defendants, with further submissions invited if parties could not agree on the costs.
