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. […]
Category Archives: Certificates of Pending Litigation
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 […]