The respondent brought a motion to set aside an ex parte order granting a certificate of pending litigation (CPL) over a residential property and to discharge the CPL.
The applicant father claimed he provided funds for the property's purchase and mortgage, alleging an oral trust agreement.
The court found the applicant failed to make full and fair disclosure of material facts on the ex parte motion, including discrepancies in the amounts allegedly provided and his involvement in the mortgage.
Although a triable issue regarding an interest in land was established, the court held that the equities favoured discharging the CPL, as damages would be an adequate remedy and a sale was pending.
The CPL was discharged on the condition that a portion of the sale proceeds be paid into court.
