Is pendente lite enforceable?
British Columbia, Canada
The following excerpt is from Ho v. Arp, 1988 CanLII 3196 (BC SC):
I question the necessity in the closing years of the 20th century, of a rule that affords one small class of litigants an advantage in lawsuits not available to the vast majority. For the respondents to be able to tie up commercial property and preclude any transaction relating to it pendente lite seems largely unnecessary in the present age. No doubt there are cases where it is essential that the subject matter of litigation be preserved in specie pending the determination of rival claimants' rights. However, the law today seems to be much the same as it was almost 100 years ago when Irving J. held in Towne v. Brighouse that the discretion given the court by what is now s. 236 of the Land Title Act should only be invoked "under peculiar circumstances".
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