Aimhome Realty Inc. v. GTA Office DMM Inc.
Aimhome Realty Inc.
Law Firm / Organization
Sherman Law Professional Corp.
Lawyer(s)

Fabian Otto

James Yang
Law Firm / Organization
Sherman Law Professional Corp.
Lawyer(s)

Fabian Otto

GTA Office DMM Inc.
Law Firm / Organization
Not Specified
123 Natural Food Ontario Ltd.
Law Firm / Organization
Not Specified
123 Real Estate Development Ontario Ltd.
Law Firm / Organization
Not Specified
Visionary Education Services & Management Inc.
Law Firm / Organization
Not Specified
Fan Zhou
Law Firm / Organization
Not Specified
CBRE Limited
Law Firm / Organization
Fasken Martineau DuMoulin LLP

Issue:
The plaintiffs sought to amend their claim to allege that CBRE Limited acted deceitfully and breached ethical duties, intending to secure a declaratory judgment.

Court’s Analysis & Decision:

  1. Proposed Amendment to Plead Deceit:

    • The plaintiffs aimed to claim deceit, arguing that CBRE’s agent, Tony Gill, acted unethically by assisting Fan Zhou in bypassing the plaintiffs’ representation agreement, thus denying them a commission.
    • Legal Standard for Deceit: The court emphasized that deceit requires specific allegations, including intentional false statements, reliance, and resultant loss.
  2. Insufficient Particularity:

    • The plaintiffs failed to provide detailed allegations, such as how CBRE owed a duty to disclose information, how it breached this duty, and the damages incurred.
    • Given the lack of specificity and details required under Ontario’s Rule 25.06(8) for claims involving deceit, the court denied the amendment request.
  3. Costs Awarded:

    • CBRE, as the successful party, was awarded $7,000 in costs, slightly less than its full claim, reflecting a reasonable expectation for the motion’s complexity.

Conclusion:
The motion to amend the claim against CBRE was dismissed due to insufficiently detailed allegations for deceit. The court highlighted the importance of particularity in such serious claims.

Superior Court of Justice - Ontario
CV-22-683456
Real estate
$ 7,000
Defendant