The applicant seeks the removal of the lis pendens and argues the case of Reischer v. Reischer, [2006] B.C.J. No. 3032 [Reischer] and notably paragraph 36, where Shabbits J. held: 36 A certificate of pending litigation can be registered only in respect of an estate or interest in land, the title to which could change as an outcome to the proceedings.
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