The plaintiff, Zitia Developments (2010) Inc., brought a motion for a Certificate of Pending Litigation (CPL) on a property registered in the name of the defendant, Paul Halyk.
The plaintiff claimed beneficial ownership of the property, alleging it was purchased in trust for the corporation as part of a larger land assembly for commercial development.
The court found that the plaintiff established a triable interest in the land based on evidence of funding the downpayment and carrying costs.
Applying the Dhunna factors, the court concluded it was just and equitable to grant the CPL, noting the property's integration with the assembled lands and the risk of the plaintiff's claim becoming moot if the property were sold.
