Andrea J. Sanche

The plaintiff sought an order setting aside two certificates of pending litigation registered against title to residential property in Vaughan to allow completion of a pending sale.

The court found that the certificates had been obtained on the basis of affidavit evidence that was misleading and false in material respects, including failure to disclose that the registered owner had died.

The court held that the plaintiff should not benefit from such misrepresentations but permitted the certificates to be vacated only on strict conditions.

The plaintiff was required to pay into court an amount representing the difference between the sale proceeds and the court‑determined fair market value of the property, less specified deductions.

If the payment was not made, the certificates would remain and the court would consider appointing a receiver.

The landlords brought a motion to quash the tenants' appeal of a Landlord and Tenant Board decision.

The tenants appealed both the Board's decision to grant a review and its subsequent decision that the Residential Tenancies Act did not apply to their relationship.

The Divisional Court granted the motion to quash the appeal regarding the decision to grant a review, finding it was out of time and declining to extend the time limit.

However, the court dismissed the motion to quash the appeal on the merits, concluding it was premature to determine whether the appeal raised a question of law without full submissions.