The applicant sought leave to register a certificate of pending litigation against a residential property after the respondents refused to grant a short extension for closing and terminated the agreement of purchase and sale.
The applicant claimed specific performance, arguing the property was unique and that the parties' prior flexible dealings raised an issue of estoppel regarding the strict enforcement of the closing date.
The court found triable issues regarding both the uniqueness of the property and estoppel, and concluded that the balance of convenience and equities favoured the applicant.
The motion to register the certificate of pending litigation was granted.
