Motion: Certificate of Pending Litigation (ON)

Summary

This practice note discusses a Certificate of Pending Litigation ("CPL") pursuant to s. 103 of the Courts of Justice Act, R.S.O. 1990, c. C.43, and r. 42 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules"). A CPL is a form of interlocutory relief. Where there is a dispute involving an interest in real property, a CPL may be registered on the title to the property. The CPL itself does not require any action by the title holder, nor does it prohibit dealing with or using the property; rather, it merely provides notice of a claim to an interest in the land in question. Once the dispute is resolved, the CPL can be discharged from title to the property. This practice note reviews the applicable rules and factors the court may consider when granting a CPL, and the procedure for obtaining and discharging a CPL, including related motion practice.