The defendants brought a motion for a Certificate of Pending Litigation (CPL) regarding four commercial units they had agreed to purchase from the plaintiff.
The plaintiff had previously failed in an application to terminate the agreements of purchase and sale, and the matter was converted to an action.
The court applied the two-step test for a CPL, finding the defendants had a reasonable claim to an interest in the land and that the equities favoured granting the CPL, as the property was unique and intended for a medical practice.
The motion was granted with costs awarded to the defendants.
