The plaintiff moved for an order authorizing a certificate of pending litigation (CPL) for Phase 1B lots.
A previous motion by de Sa J. had refused a CPL for these lots due to their resale to Cleary Homes and potential prejudice.
The plaintiff presented new evidence that the contract with Cleary Homes was no longer in effect, and Cleary Homes had abandoned plans for the lots.
The court found the plaintiff had a reasonable claim to an equitable interest in the land and was entitled to the CPL on an ex parte basis.
The court deferred the consideration of factors under s. 103(6) of the Courts of Justice Act to a potential future contested motion to discharge the certificate.
