Certificate Of Pending Litigation Without Notice
Description
How to fill out Sample Letter For Pending Litigation Involving A Service Agreement?
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FAQ
A certificate of pending litigation (commonly referred to as ?CPL?) provides notice that a legal proceeding has been commenced questioning the owner's interest in land. In order to be effective, a CPL must be issued by a court and registered on title to the land in dispute.
May register a certificate of pending litigation against the land in the same manner as a charge is registered, and the registrar of the court in which the proceeding is commenced must attach to the certificate a copy of the pleading or petition by which the proceeding was commenced, or, in the case of a certificate of ...
If the CPL has been registered and no step has been taken in the proceeding for one year, the CPL may be cancelled upon application to the court. On application, a CPL may be cancelled if the action has been discontinued.
Discharge of a Certificate of Pending Litigation A CPL will be discharged once the litigation is complete or on a motion to discharge by the defendant. The defendant must prove on a motion to discharge that no triable issue exists. The Court can consider the following factors, as set out in 572383 Ontario Inc.
If the pleadings do not support it, the CPL can be ordered cancelled with immediate effect. By applying to the Registrar of Land Titles under section 254 of the Act, 30 days after the relevant claim has been dismissed. The dismissal must first be ordered by the Court, normally under Rule 9-5, 9-6 or 9-7, or at trial.