The plaintiff, as trustee of a living trust, brought an action claiming a constructive trust over a Toronto condominium owned by the defendant, and obtained an ex parte certificate of pending litigation (CPL).
The plaintiff moved to amend the claim to add the deceased's estate as a plaintiff, while the defendant moved to discharge the CPL for material non-disclosure and for security for costs.
The court allowed the amendment to add the estate, but discharged the CPL, finding the plaintiff was grossly reckless in failing to disclose the deceased's declaration of trust and will, which did not list the property.
The court also ordered the foreign plaintiff to post security for costs.
