Order (Seeking Certificate of Pending Litigation) (Form 59A) (ON)

Summary

This precedent is a Form 59A order for a certificate of pending litigation ("CPL") in favour of the moving party (applicant or respondent) on a motion seeking a CPL before the Ontario Superior Court of Justice. This precedent includes practical guidance, drafting notes, and optional clauses. An Order (Form 59A) (ON) sets out the decision of the court in a civil proceeding and is signed by a Judge, Master or clerk of the court. An order must include: (1) the name of the judge or judicial officer who made it; (2) a preamble that includes particulars necessary to understand the order, such as (a) the parties who brought the motion; (b) the parties who were present or represented by counsel and those who were not; and (c) who submitted evidence and made submissions. The operative part of the order should be divided into consecutively numbered paragraphs. It should accurately reflect the relief sought in the notice of motion. If a motion seeking a CPL is granted, the CPL is registered ...