The plaintiffs moved for a Certificate of Pending Litigation (CPL) against a 108-acre parcel of land.
The plaintiff had agreed to purchase five acres of the land from one of the co-owners for $750,000 and advanced $640,000 before the defendant purported to terminate the agreement.
The defendant argued the agreement was unenforceable under the Statute of Frauds and the Planning Act.
The court found a triable issue regarding the plaintiffs' interest in the land and held that the equities favoured granting the CPL, as the property was unique and the plaintiffs had advanced 85% of the purchase price.
