Statement of Claim Clause (Certificate of Pending Litigation) (Sample) (ON)

Summary

This clause can be used when setting out a claim for a certificate of pending litigation ("CPL") in a statement of claim. This clause includes practical guidance and drafting notes. 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. For more information on CPL, see the practice note: Motion: Certificate of Pending Litigation (ON). For information on general motion practice, see the practice note: Civil Motions (ON). For precedents on a motion for leave to obtain a CPL, see: Order (Certificate of Pending Litigation) (ON), Notice of Motion (Certificate of Pending Litigation) (ON), Notice of ...