The plaintiff, Vrancor Development Group Inc., brought a motion for leave to issue a certificate of pending litigation (CPL) against a property in Burlington, Ontario.
Vrancor alleged an oral joint venture agreement with the defendants, Marko Juricic, Brooklyn Contracting Inc., and Laurentian Business Centre Ltd., for the property's development, claiming breach of trust and fiduciary duty when the defendants closed on the property without Vrancor and transferred title to a company controlled by Juricic.
The defendants contended that discussions never materialized into a binding agreement.
Applying the test for CPLs, the court found a triable issue regarding Vrancor's claimed interest in the land, noting that the CPL would preserve the status quo given Vrancor's claim for a proprietary interest rather than monetary damages.
