The moving parties sought an order allowing the registration of a Certificate of Pending Litigation against recreational real estate near Kenora, Ontario.
The property was transferred two days after the death of the original owner through a right of survivorship and then to the respondent Parks, allegedly as a gift.
The estate trustee and beneficiary challenged the validity of the transfer due to suspicious circumstances and the failure to produce the transfer documents.
The respondents opposed the motion, arguing a full hearing was necessary.
The court granted the Certificate of Pending Litigation, finding the test was met and the purpose of the procedure justified its issuance despite the motion being brought on notice.
