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

Law360 Canada (August 31, 2022, 5:46 AM EDT) -- Appeal by Kevin Michael Wosnack from a chambers judge’s decision approving the sale of a property on the condition that the net sale proceeds be held in trust. The appellant’s father’s will divided his estate into four equal shares, one to each stepchild. The father transferred his interest in a property to himself and the appellant as joint tenants and executed a gift letter stating his intention that the appellant receive his interest in the property upon his death. The respondents, who were two of the other stepchildren, filed certificates of pending litigation against the property, alleging that it should form part of the estate because the transfer was either intended to have the father’s interest held in trust or procured because of undue influence. The appellant accepted an offer to sell the property. The respondents agreed to cancel the certificates of pending litigation but disagreed on the amount of security that should be provided as a condition....
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