Civil Litigation - Certificate of Pending Litigation. Cannon v. Gerrits
In Cannon v. Gerrits (Div Court, 2022) the Divisional Court considered the factors involved in granting a certificate of pending litigation:
 The respondents submit the appellants are in error in this respect and have conflated the test for granting a CPL. That is, the test on the application for a CPL is not whether the APS has been breached. Rather, the question to be answered is whether the moving party has an interest in the subject property.
 The court must look at all relevant matters and determine in all of the circumstances whether a CPL should be issued. The respondents submit the motion judge can consider the intent of the party selling the property as a factor in this equitable exercise: see Perruzza v. Spatone, 2010 ONSC 841, at para. 20. I agree. The motion judge did not commit a palpable and overriding error in taking the intentions of the appellants into consideration, in granting the CPL.