Legal Blog

Certificate of Pending Litigation

Forget v. McLean 2019 Ont SCJ

In the original motion, the main affiant was the secretary of the plaintiff’s lawyer. She did not disclose that the purported contract on which the claim was based was not signed by the closing date set out in the contract; she did not disclose that the vendor took issue with a signature that took place after the closing date. The CPL was ordered to be discharged because the full evidentiary record was not put before the original judge and, in the opinion of the judge setting aside the CPL, there was no agreement at all. Note: the obligation to provide full evidence before a judge on a without notice motion applies to all motions, not just those for a CPL.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.