What is the test to be met for a certificate of pending litigation?
Ontario, Canada
The following excerpt is from 873091 Ontario Ltd. v. 9695443 Canada Inc., 2021 ONSC 6902 (CanLII):
Section 103 does not set out the test to be met for a certificate of pending litigation to be granted. The case law establishes that the test to be met by a party seeking a certificate of pending litigation is the same as the test to be met by a party seeking an order discharging a certificate: Perruzza v. Spatone, 2010 ONSC 841, at para. 20.
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