In Paro Enterprises, Welsh, J.A. summarized the “principles and procedures” that apply to “registering and vacating a notice of lis pendens”, amongst which are these: 5. If a lis pendens is registered and litigation has not been commenced, application to the court will result in the lis pendens being vacated with an appropriate order for costs. 6. As discussed above, if a lis pendens is registered before litigation is commenced, but litigation is subsequently commenced before an application is made to vacate the lis pendens, the coincidence of the lis pendens and commencement of litigation operates to make the lis pendens effective as of the date of coincidence. (Paro Enterprises v. Murphy, paragraph 31).
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