Libfeld v Hariri Pontarini Architects
Corey Libfeld
Law Firm / Organization
Sotos LLP
Hariri Pontarini Architects
Law Firm / Organization
Shibley Righton LLP
Lawyer(s)

Megan Marrie

Background:

  • Plaintiff (Libfeld) hired Hariri Pontarini Architects (HPA) to design his Toronto residence.
  • Libfeld alleges breach of contract, negligence, and bad faith by HPA.
  • HPA counterclaims for unpaid accounts.
  • Libfeld objects to proposed amendments to HPA's pleadings and a motion for additional document production.

Motions:

  1. Amendment of Pleadings:

    • HPA sought to amend its statement of defense and counterclaim by adding paragraph 8A, which referenced disputes with prior architects hired by Libfeld.
    • Court denied the amendment, ruling it irrelevant to the current dispute and likely to introduce immaterial issues.
  2. Further Affidavit of Documents:

    • HPA requested additional documents related to Libfeld’s engagements with his previous architects.
    • The court found these documents irrelevant to the current litigation, focusing instead on the plaintiff's dealings with HPA.

Legal Reasoning:

  • Under Rule 26.01, amendments to pleadings are generally allowed unless they cause irreparable prejudice or fail relevance tests.
  • The court determined the proposed paragraph 8A would divert focus to unrelated disputes and had no bearing on the contractual issues between Libfeld and HPA.
  • For document production, the court applied Rule 30.06, requiring proof of document relevance and proportionality, which HPA failed to demonstrate.

Outcome:

  • HPA’s motions were dismissed except for uncontested amendments.
  • HPA ordered to pay Libfeld $4,000 in partial indemnity costs within 30 days.
Superior Court of Justice - Ontario
CV-17-00580948
Civil litigation
$ 4,000
Plaintiff