What is the test for discharge of a Certificate of Pending Litigation?
Ontario, Canada
The following excerpt is from Tambeau v. Martin, 2020 ONSC 2483 (CanLII):
Discharging a Certificate of Pending Litigation (“CPL”) is a discretionary remedy. The onus is on the moving party to satisfy the court that the certificate ought to be discharged. In exercising its discretion, the court must consider its equitable jurisdiction and the issues between the parties to reach a determination. See Sepanary v. Sepanary, 2011 ONSC 3155, 201 A.C.W.S. (3d) 1072.
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