Civil fraud litigation often moves quickly from the question of what happened to the question of what can still be recovered. When funds are gone, assets have been moved, or property has changed hands, plaintiffs may seek interim remedies to preserve value while the underlying lawsuit proceeds. A recent Ontario Superior Court decision, Crepulja et […]
Category Archives: Certificates of Pending Litigation
When a Legal Cloud Freezes the Money: How Certificates of Pending Litigation Derail Construction Financing and Mortgage Approvals in Ontario
In Ontario’s real estate landscape, few legal instruments carry the disruptive force of a Certificate of Pending Litigation (CPL). Registered directly on title, a CPL publicly declares that someone has commenced a court proceeding in which an interest in the land is claimed. It is a legal cloud that follows the property wherever it goes. […]
Certificate of Pending Litigation Denied in Partnership
When purchasing property under a Partnership Agreement, disputes may arise. Ensuring that everyone is on the same page throughout a given process can be challenging when working with multiple parties. If a dispute arises which may impact the property, individuals may seek to obtain a certificate of pending litigation in order to warn potential buyers […]
Certificates of Pending Litigation: An Overview
Introduction Where a legal proceeding seeks to establish an interest in real property, one of the risks for the plaintiff or applicant is that the land will be sold or further encumbered. A possible remedy for that concern is a Certificate of Pending Litigation (CPL) under Rule 42.01 of the Rules of Civil Procedure (the […]