The defendants brought a motion for leave to amend their Statement of Defence and Counterclaim to claim a Certificate of Pending Litigation (CPL) on a property owned by the plaintiff, and for leave to issue and register the CPL.
The parties, who are family members, were involved in a dispute over pooled funds and property investments.
The court found that while there was a triable issue regarding the defendants' claim to an interest in the property, the equities favoured the plaintiff.
The property was not unique, damages would be a satisfactory remedy, and the harm to the plaintiff in granting the CPL outweighed the harm to the defendants.
The motion to issue the CPL was dismissed.
