Lisa D. La Horey

The plaintiff brought an urgent motion for a Certificate of Pending Litigation (CPL) on a property she had an Agreement of Purchase and Sale (APS) for, which the defendant was attempting to sell to a third party.

The transaction had failed to close due to disputes over extension requests.

The court considered the equitable factors for granting a CPL, including the uniqueness of the land, the plaintiff's intentions, the adequacy of damages as a remedy, and the plaintiff's diligence in prosecuting the claim.

The court found the plaintiff's evidence on uniqueness and intent vague and concluded that the plaintiff had not prosecuted the claim with reasonable diligence.

The motion for a CPL was dismissed, and the plaintiff's alternative request for payment of sale proceeds into court was also denied.

The defendants brought a motion seeking leave to amend their statement of defence and counterclaim.

The plaintiffs opposed certain amendments, arguing they constituted a withdrawal of admissions regarding Mr. Cui's employment by the plaintiff corporations.

The court found that the original pleading, drafted by a self-represented litigant, did not contain unambiguous, deliberate, and intentional admissions.

Even if admissions were withdrawn, the court determined that the three-part test for withdrawal was met, particularly given the reasonable explanation provided (self-representation and lack of legal training).

The motion to amend was granted, with the plaintiffs awarded $3,500 in costs thrown away on a substantial indemnity basis.