The plaintiff brought an urgent motion for a Certificate of Pending Litigation (CPL) against a residential property after the defendant vendor failed to close the transaction due to an inability to discharge two mortgages.
The mortgages were subsequently assigned to a third party who opposed the CPL and sought to sell the property under power of sale.
The court found that while the plaintiff established a triable issue regarding an interest in land, the balance of equities under the Dhunna factors did not favour granting the CPL.
The plaintiff failed to prove the property was unique, damages were an adequate remedy, and the third-party mortgagee would suffer greater prejudice if the CPL were granted.
