The Plaintiff, Eleonora Grillo, brought a motion seeking leave to amend her statement of claim and to register a certificate of pending litigation (CPL) against a property owned by the defendant, Arturo Spadafora.
The plaintiff claimed an equitable mortgage over the property based on a promissory note.
The defendants consented to the amendment of the statement of claim but opposed the CPL.
The court granted leave to amend the statement of claim but dismissed the motion for leave to register the CPL, finding that the plaintiff did not have a reasonable claim to an interest in the property, as the promissory note did not extend to after-acquired property and the CPL was sought primarily as a debt collection tool rather than to protect a legitimate interest in land.
Costs were awarded to the defendants.
