Background:

• Plaintiff, Naftali Rabinowitz, sued for specific performance of an agreement of purchase and sale for land in Caledon, Ontario.
• The court previously ruled that the defendant breached the agreement but found specific performance inappropriate, dismissing the claim (Rabinowitz v. 2528061 Ontario Inc., 2024 ONSC 2357).
• Plaintiff did not claim damages at trial.
• Plaintiff moved under Rule 59.06(2)(d) to:
  • Reconsider specific performance based on The Rosseau Group Inc. v. 2528061 Ontario Inc.
  • Alternatively, amend pleadings to claim damages.

Key Rulings:

1. Reconsideration of Specific Performance:

   • Plaintiff argued the property was found unique in Rosseau.
   • Court held uniqueness is case-specific; Rosseau’s findings were not binding.
   • Plaintiff failed to prove damages were inadequate or that specific performance was appropriate.
   • Motion to reconsider denied.

2. Amendment to Claim Damages:

   • Plaintiff strategically chose not to seek damages, arguing they were unsuitable.
   • Court ruled amendment would prejudice the defendant, who defended against specific performance only.
   • Allowing a post-trial change in strategy would undermine litigation finality and fairness.
   • Motion to amend denied.

3. Costs Awarded:

   • Plaintiff ordered to pay $29,434.01 in costs to the defendant.

Final Outcome:

• Plaintiff’s motion dismissed; prior ruling stands.
• Costs awarded to the defendant.