REGISTRATION OF DOCUMENTS - Lis pendens or certificates of pending litigation

Law360 Canada ( August 18, 2025, 4:58 PM EDT) -- Appeal by appellant from chambers judge’s order to discharge certificate of lis pendens. The chambers judge issued an order directing the discharge of an amended certificate of lis pendens (CLP) registered against three residential properties. The appellant held neither title to the properties nor a mortgage, encumbrance or other form of agreement which evidenced an interest in land. He claimed proprietary interests based on trust claims. The issue was whether those claims met the requirement in s. 148 of the Land Titles Act that a person registering a CLP needed to have claimed or called into question an interest in any land. The chambers judge concluded that he had not. On appeal, the appellant argued that the chambers judge erred by having applied the wrong legal test to discharge the CLP and having failed to consider the entirety of the pleadings in deciding that the appellant failed to claim an interest in land. He further argued that extraordinary circumstances justified discharging the CLP, and the chambers judge misapprehended evidence that was proffered in the application....
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