REGISTRATION OF DOCUMENTS - Lis pendens or certificate of pending litigation - Vacating of

Law360 Canada ( July 20, 2021, 5:49 AM EDT) -- Appeal by Beach from orders discharging certificates of pending litigation (“CPL”) registered by her against property owned by the respondents. The property was once owned by the appellant’s parents. In 1997, the parents sold the property to the respondents. After the death of her parents, the appellant, as executrix of their estates, brought an action against the respondents in 2016 to invalidate the 1997 sale agreement and a later settlement agreement. The action was struck out. The appellant filed a CPL against the property shortly after commencing the action. After the action was struck, this CPL was removed based on hardship. The respondent wife wanted to buy out the husband’s interest in the property pursuant to a marital settlement but could not obtain financing while the CPL was in place. After the wife obtained financing, the appellant placed a second CPL on the property. This was discharged in 2019 on the ground the appeal from the order striking out her action did not qualify as a “proceeding” within the meaning of s. 215 of the Land Title Act that could serve as the basis for the reinstatement of the CPLs....
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