The plaintiff brought a motion for a Certificate of Pending Litigation (CPL) over several properties allegedly purchased with profits from a landscaping business he co-founded with the individual defendant.
The defendants sought an adjournment, which the court denied due to their failure to advance the proceeding or file evidence.
The court found the plaintiff raised a triable issue regarding an interest in land based on claims of partnership breach, oppression, and constructive trust.
Applying the Dhunna criteria, the court concluded the equities favoured granting the CPL to protect the plaintiff's interests.
