Sentences with phrase «certificates of pending litigation»

Last week we wrote a Blog post about Certificates of Pending Litigation (CPLs), Tying Up Land During Family Law Disputes http://tinyurl.com/c2h8gas, which are one of several legal procedural mechanisms that facilitate the orderly resolution of a family law matter prior to trial.

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

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.

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

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.

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.

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.

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

[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.

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.

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

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.

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.

«For slander of title to be actionable the statement, which can be a lien, a certificate of pending litigation («CPL»), or other notices against title, must operate as a cloud upon the plaintiff's rights to the property at issue which makes third parties shun and avoid the plaintiff's property from a commercial point of view....

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.