The applicant municipality brought an application to set aside a land transfer from the respondent McRobert to the respondent Lievre, alleging it violated s. 50 of the Planning Act because no severance was obtained.
The municipality moved for leave to issue a Certificate of Pending Litigation (CPL) against McRobert's remaining lands.
McRobert argued a CPL was unavailable because the municipality claimed no direct interest in the land.
The court held that a CPL may issue because the underlying application puts the extent of the title to the lands in question.
Applying the factors for equitable discretion, the court granted leave to issue the CPL to preserve the status quo pending the application's resolution.
