The moving party sought to discharge a Certificate of Pending Litigation (CPL) obtained ex parte by the responding parties over a property slated for redevelopment.
The dispute centered on an alleged agreement to sever and transfer a heritage house on the property to the responding parties.
The court applied the Dhunna factors and found that the responding parties' interest was primarily financial rather than a genuine claim for specific performance of unique land.
The court ordered the CPL discharged on the condition that the moving party post $1 million in security, allowing the redevelopment project to proceed.
