The plaintiffs, investors in a real estate development, sought to register a Certificate of Pending Litigation (CPL) against three lots and to register a preservation order regarding a vendor take-back mortgage on title.
The property had been sold to a third-party developer, Brampton G&A. The court dismissed the motion, finding that the parties had previously agreed not to register orders on title, the property was an investment property rather than unique, and the existing preservation order requiring mortgage payments to be paid into court provided sufficient protection without encumbering the third party's title.
