Sentences with phrase «of pending litigation»

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

The sellers said they were not aware of pending litigation affecting the property.

We provide litigation plans, budgets, and constructive analysis on all aspects of pending litigation to allow our clients to better manage their business.

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

Immediately after learning of the transfer of the property, we took steps to register a Certificate of Pending Litigation against the title to the property to prevent a further sale.

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.

Brindisi said the governor's office told him Utica school officials were precluded from joining the meeting because of pending litigation.

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.

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.

Xerox's board «determined that an immediate resolution of the pending litigation and proxy contest is in the best interest of our company and all stakeholders,» the company said in its statement.

The Port Authority said in a written statement that it would not comment on the specifics of pending litigation, but added that the agency worked hard to reach what it described as a very generous agreement with Greek Orthodox Church representatives:

In light of the existence and potential consequences of the pending litigation, the Department has concluded that justice requires it to postpone certain provisions of the final regulations pursuant to the Administrative Procedure Act (APA), pending judicial review.

At the time, Quattrone was aware of pending litigation regarding one specific IPO (VA Linux) and that the US Attorney was likely to hand down an indictment centering on how CSFB allocated pre-IPO shares to their best clients in the VA Linux IPO.

Consultant, Interights: Along with Professor James Crawford SC, I prepared a substantial expert report on matters of public international law in support of pending litigation before the European Court of Human Rights in the case of Baltasar Garzón v Spain.

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.

[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.

Arbitration resulted in a purchase of the client's business investment for $ 325 million and dismissal of all pending litigation.

(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.

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.

A Certificate of Pending Litigation («CPL») will be registered on the title, which can be used to obtain the court action number.

These statements represent our intentions, expectations and beliefs concerning future events, including, among other things, our expectations and beliefs with respect to our intellectual property rights and the potential expansion thereof, the outcome of pending litigation, the continued validity of our patents, and our ability to successfully develop, license and enforce our intellectual property rights.

Arkansas and Texas banned the use of dilation and evacuation (D&E), a common and medically proven method of abortion used after 12 weeks of pregnancy; neither law is in effect because of pending litigation.

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.

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

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.

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

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.

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.»

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

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.

When the owners tried to have the tenant vacate, the latter refused, sued the owners and put a Certificate of Pending Litigation (CPL) on title to tie up the land.

Often a person who claims an «interest» in land will register a Certificate of Pending Litigation to give notice to anyone dealing with the land that the registree claims an interest.