The plaintiff sought leave to register a certificate of pending litigation (CPL) on a property based on an alleged joint venture agreement.
The defendants opposed, claiming the agreement was fabricated and signatures were forged, and brought a cross-motion to discharge a caution the plaintiff had registered on title.
The court found a triable issue regarding the plaintiff's interest in the land and that the equities, including the uniqueness of the property, favoured granting the CPL.
However, the court granted the cross-motion to discharge the caution because it had been registered indefinitely in violation of the Land Titles Act requirements.
