Rona Inc. v. Rockhard Construction Limited et al.

Rona Inc. v. Rockhard Construction Limited et al.

The court granted the plaintiff's motion: the new causes of action against Navid and Saeid Saberi (unjust enrichment, deceit, misrepresentation, civil conspiracy) were discovered at discoveries in 2018 and were amended within the two-year limitation period and therefore not statute-barred; claims against GCL and GHI...

Source-derived case information.

Citation
2020 NSSC 374
Parties
Plaintiff/applicant: Rona Inc.; Defendant/respondent: Rockhard Construction Limited (formerly Greater Homes Construction Limited); Defendant/respondent: Navid Saberi; Defendant/respondent: Mina Karimpour a.k.a. Mina Karimpour-Saberi; Defendant/respondent: Ali Hadin a.k.a. Alireza Hadian; Proposed Defendant/respondent: Saeid Saberi; Proposed Defendant/respondent: Greater Construction Ltd. (GCL); Proposed Defendant/respondent: Greater Homes Inc. (GHI)
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 December 2020
Procedural Posture
Civil Notice of Action for Debt (amendment Motion) / Motion to Amend Pleadings and Join Parties (heard Sept 18, 2020)
Outcome
Plaintiff's motion granted in full: amendments to pleadings and joinder of Saeid Saberi, Greater Construction Ltd. and Greater Homes Inc. allowed; amendments adding causes of action against Navid Saberi allowed; plaintiff awarded costs.
Legal Topics
Amendment of Pleadings, Joinder of Parties, Limitation Periods, Discoverability, Piercing the Corporate Veil, Unjust Enrichment, Deceit, Misrepresentation, Civil Conspiracy, Prejudice and Lost Evidence
Source Language
english
Civil Procedure Limitations of Actions Corporate Law Tort Law Amendment of Pleadings Joinder of Parties Limitation Periods Discoverability +6 more

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Parties

Rona Inc.

Plaintiff/applicant

Rockhard Construction Limited (formerly Greater Homes Construction Limited)

Defendant/respondent

Navid Saberi

Defendant/respondent

Mina Karimpour a.k.a. Mina Karimpour-Saberi

Defendant/respondent

Ali Hadin a.k.a. Alireza Hadian

Defendant/respondent

Saeid Saberi

Proposed Defendant/respondent

Greater Construction Ltd. (GCL)

Proposed Defendant/respondent

Greater Homes Inc. (GHI)

Proposed Defendant/respondent

Procedural Posture

Civil Notice of Action for Debt (amendment Motion) / Motion to Amend Pleadings and Join Parties (heard Sept 18, 2020)

Legal Issues

  1. 1 Whether the plaintiff may amend pleadings to add causes of action and join additional defendants
  2. 2 Whether the new claims are statute-barred under the Limitation of Actions Act
  3. 3 Whether s.22 of the Limitation of Actions Act permits adding defendants after expiry of limitation period

Ratio Decidendi

The court granted the plaintiff's motion: the new causes of action against Navid and Saeid Saberi (unjust enrichment, deceit, misrepresentation, civil conspiracy) were discovered at discoveries in 2018 and were amended within the two-year limitation period and therefore not statute-barred; claims against GCL and GHI in unjust enrichment were discoverable on service of the defence in October 2015 and thus outside the two-year window but were properly added under s.22(b) because GCL/GHI (through Saeid) had sufficient knowledge within the statutory timeframe and would not be prejudiced on the merits; allegations of lost evidence and faded memories did not constitute serious prejudice...

Court Disposition

Plaintiff's motion granted in full: amendments to pleadings and joinder of Saeid Saberi, Greater Construction Ltd. and Greater Homes Inc. allowed; amendments adding causes of action against Navid Saberi allowed; plaintiff awarded costs.

Orders

  • Amendments and joinder of Saeid Saberi, Greater Construction Ltd. (GCL) and Greater Homes Inc. (GHI) to the action are granted.
  • Amendments to add causes of action (unjust enrichment, deceit, fraudulent and negligent misrepresentation, civil conspiracy) against Navid Saberi are granted.