The plaintiffs brought a motion for leave to register a Certificate of Pending Litigation (CPL) against a property, alleging an unconscionable mortgage transaction and fraud.
The defendants Shayna Dallas and 2697909 Ontario Inc. opposed, claiming to be bona fide purchasers without notice.
The court applied the two-part test for CPLs, finding a triable claim to an interest in land and that the balance of factors favored granting the CPL, particularly due to the defendants' lack of credible evidence and questionable conduct regarding the property's transfer and value.
