Background:

• Plaintiff, Faranak Toloetakmil Torabi, agreed to purchase a home in a new development in Aurora, Ontario.
• The sale did not close, and the Defendant, Brookfield Residential (Ontario) Limited, claimed the Plaintiff defaulted, terminated the agreement, and forfeited all payments.
• Plaintiff sued for $230,000 in deposits and upgrades, $1M in damages for negligent and fraudulent misrepresentation, undue influence, and bad faith, plus $100,000 in punitive damages.

Motion to Amend Pleadings:

• Plaintiff sought to amend her claim based on new information that the Defendant paused development before her closing date and made “Walk Away Offers” to other buyers but not to her.
• She also requested additional document disclosure and further questioning of the Defendant’s representative.

Court’s Decision:

Walk Away Offers Amendments – GRANTED (Within limitation period)

• Whether the Defendant’s failure to offer the Plaintiff a similar deal breached the duty of good faith should be decided at trial.

Development Pause Amendments – DENIED (Statute-barred)

• Plaintiff knew of the pause in 2018 but only sought amendments in 2023, exceeding the 2-year limitation period.

Further Document Disclosure – GRANTED
Further Examination of Defendant’s Representative – GRANTED
Refused Questions – ADJOURNED (Deferred until after document disclosure)

Conclusion:

• The Development Pause claims were time-barred.
• The Walk Away Offers claims will proceed.
• The Defendant must disclose more documents and participate in further questioning.
• Costs remain undecided, subject to negotiation or court direction.