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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:[57] 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.
[58] 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.
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