Sentences with phrase «certificate of pending litigation»

Such a requirement is standard fare on ex parte motions, such as those for certificates of pending litigation.

The applicants seek certificates of pending litigation and blanket charges over all of the Other Properties, a motion which will be heard in July.

Technically speaking, a registered certificate of pending litigation does not prevent the owner from dealing with or selling the land; however, most buyers will avoid transactions that are fettered in this manner.

The transaction did not close and the purchaser brought a claim for specific performance and moved without notice to obtain a certificate of pending litigation («CPL») on the property so that the vendor could not re-sell the property pending the outcome of the case.

The particular decision, York University v. Michael Markicevic, 2013 ONSC 4311, involves a request by one defendant to discharge a certificate of pending litigation registered against her real property and is part of a larger action by York against Markicevic and others concerning their alleged misuse of university resources.

Lawyers often simply refer to certificates of pending litigation as lis pendens, short for a formal registered Notice of Lis Pendens or, for those jurisdictions that shun Latin terms, a certificate of pending litigation.

The recent Ontario Superior Court of Justice's decision in THMR Development Inc. v. 1440254 Ontario Ltd. may exemplify a judicial trend in favour of a more liberal view of the extent to which a property must be «unique» before a certificate of pending litigation may be granted.

There was a time that commercial purchasers understood that the availability of a certificate of pending litigation in a case of the purchase of commercial property was virtually nil.

In any event, the purchaser sued for specific performance and brought a motion for a certificate of pending litigation.

Where a real estate transaction has been terminated by a vendor and the purchaser still insists on closing, one remedy available to the purchaser as part of a lawsuit for specific performance of the contract is the issuance and registration of a certificate of pending litigation on title.

The Court specifically rejected the argument that as a rule, commercial parties are not entitled to certificates of pending litigation.

In the end, the principles by which Brown is guided in ultimately exercising his discretion to discharge a certificate of pending litigation to allow the moving party defendant to finance or sell a property in order to raise future legal defence costs — «fair; fast; cost - effective; finality» — are the same principles that are shared, or should be shared, by proponents of ADR and the judiciary.

In a recent decision, in a motion to discharge a certificate of pending litigation, Ontario Superior Court Justice David Brown bemoans the current state of the civil justice system where «judges, as a collective, are losing the will and ability to move cases along to trial because [they] are led (wrongly) to believe that trials represent failure of the system.»

[1] Formally, this motion involves a request by one defendant, Mima Markicevic, for an order discharging a certificate of pending litigation which I previously had ordered against her Vaughan Residence, on the provision of alternate security for the proprietary claim of the plaintiff, York University.

Obtaining a certificate of pending litigation to be registered on land to avoid its transfer pending determination of a dispute about the land by the courts

In a recent BC case involving a wife who started an action in Hong Kong and a second action in BC just to file a certificate of pending litigation against real property in BC, the court provided a review of the law for our Vancouver China Family Property Dispute Lawyers and our Mandarin speaking family law clients.

(8) If an order is made under this section, the Director may register in the appropriate land registry office a notice that an order under subsection (1) has been issued and that the order may affect land belonging to the person referred to in the notice and the notice has the same effect as the registration of a certificate of pending litigation except that the Director may in writing revoke or modify the notice.

Drein v. Puleoi, 2016 BCSC 593 is a civil case about cancelling a certificate of pending litigation (CPL).

A certificate of pending litigation (or «CPL») serves as a notice to the public that the interests pertaining to a certain piece of land (usually the matrimonial home) are currently subject to a court dispute.

Essentially, the party who wishes to have the benefit of a certificate of pending litigation («CPL») must show that he or she has a «reasonable claim to an interest in the land,» a fact that must be established on a balance of probabilities.

On May 18, 2012, the Respondents filed a notice of civil claim and filed a certificate of pending litigation («CPL») against the Appellant's Robert's Creek property.

~ Even where a certificate of pending litigation is found to have been filed for improper reasons, the court may not find abuse of process if the property owner is not affected by it and does not take steps to have it removed.

A certificate of pending litigation can be used to tie up land.

Donna has sought legal advice — she's registered a certificate of pending litigation against the title of the townhouse to state her claim to repayment of the $ 50,000 loan.