The plaintiff purchaser brought a motion for a certificate of pending litigation (CPL) under s. 103 of the Courts of Justice Act in an action seeking specific performance of an agreement of purchase and sale for four residential apartment buildings.
The court assessed whether the plaintiff had a reasonable claim to an interest in land and whether equitable considerations justified granting the CPL.
After reviewing extensive documentary evidence and cross‑examinations, the court found the plaintiff’s case for specific performance weak, particularly due to the failure to waive conditions within the contractual deadline and the absence of clear evidence that the conditional period had been extended.
The court also held that damages would likely be an adequate remedy because the transaction was a commercial investment acquisition rather than a uniquely valuable property.
Exercising its discretion, the court refused the CPL while granting leave to amend the claim to add damages and ordering notice of any sale, transfer, or refinancing of the property during the litigation.