Law360 Canada ( October 1, 2026, 9:41 AM EDT) -- Appeal by Front Gate Financial Group (2010) Ltd. (“Financial Group”) from the dismissal of its motion for leave to amend its Statement of Claim and for summary judgment. Financial Group requested leave to substitute Front Gate Mortgages (2010) Ltd. (“Mortgages”) as plaintiff and summary judgment against the defendants, TFE Industries Inc (“TFE”), Linda, David and Judson, now represented by his Litigation Guardians. The action claimed the defendants failed to pay the four per cent fee payable for securing $2,600,000 in loans for TFE under an Authorization to Arrange Financing Agreement (“Financing Agreement”). The Financing Agreement identified Mortgages as the broker and did not make any reference to Financial Group. Thus, Financial Group maintained the agreement was between Mortgages and the defendants, and Mortgages was the correct plaintiff. The defendants admitted that one of them, Linda, signed the Financing Agreement. However, they asserted they did not enter into an agreement at that time. The motion judge found the limitation period had expired and, since there were no special circumstances, the request to substitute Mortgages as plaintiff had to be denied. The defendants’ position was that the substitution should be denied because of the delay and because of prejudice due to one of the defendants becoming incapacitated and the death of a potential witness....