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Motion to vacate Certificate of Pending Litigation dismissed as plaintiff established reasonable claim for constructive trust.
The defendants brought a motion to vacate a Certificate of Pending Litigation (CPL) registered against a luxury property by the plaintiff, a construction project manager.
The plaintiff claimed damages for breach of contract and unjust enrichment, seeking a constructive trust after allegedly financing the construction out-of-pocket.
The defendants argued the CPL should be vacated because the property had been sold, it was not unique, and damages were an adequate remedy.
The court dismissed the motion, finding the plaintiff had a reasonable claim for a constructive trust and that a monetary remedy would be illusory since the defendants had relocated to Hong Kong and appeared to have no other assets in Canada.
