The plaintiff advanced funds to his common-law stepson to purchase a property.
A dispute arose over the terms of the oral loan agreement and whether the plaintiff was intended to have a mortgage.
The plaintiff moved for a certificate of pending litigation (CPL), and the defendant moved to amend his statement of defence and to remove a notice registered by the plaintiff under the Land Titles Act.
The court granted the defendant leave to amend, finding no breach of settlement privilege.
The court dismissed the plaintiff's motion for a CPL, finding that while there was a triable issue regarding an equitable mortgage, the equities favoured the defendant.
The court also ordered the removal of the plaintiff's registered notice.
