Legal Blog

Certificate of Pending Litigation

Khanna v. Singh 2020 Ont SCJ

Motion to vacate a certificate of pending litigation (CPL). Plaintiffs claimed that they had an interest in land because they had loaned $50,000 to the defendants for the purchase of that land. However, the statement of claim did not allege a trust and only requested repayment of the loan. The judge did not feel that there was an actual interest in the land being claimed, but vacated the CPL on other grounds: there was no claim that the land was unique, damages were very easy to calculate and would clearly be a satisfactory remedy, and a CPL would substantially interfere with the defendants’ ability to manage their interests in the property.

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