Are you looking into what a certificate of pending litigation is? Are you wanting to remove a cpl or at registering a cpl? You have come to the right place. We can connect you with a business lawyer for a free 15-minute consultation in Ontario, British Columbia, or Alberta. These lawyers can represent you or provide legal coaching if you are self-represented.
The party seeking a certificate of pending litigation (cpl) is seeking for a title charge against the defendant’s land. This normally means that the issue involves a mortgage.
When someone registers a Certificate Of Pending Litigation, it can cause hardship and inconvenience. There also might be an alternative claim for damages. A judge during an application will try to determine whether a cpl should be approved.
We made up a fake and made-up case for estate litigation to show where the certificate (cpl) might come into effect.
Certificate Of Pending Litigation
The Respondent, ABC Inc. is a company incorporated pursuant to the laws of British Columbia with an address for service in this proceeding at 345 Fake Street and was at all material times the registered owner of the Lands.
The Respondent, VBGB INC. is a company incorporated pursuant to the laws of British Columbia and has its registered and records office at 123 Fake Street.
On July 1, 2015, the Petitioners entered into a Share Purchase Agreement with Mr. Luto purchased all issued shares of ABC Inc (the “Golf Course”). On July 2, 2015, the GOLF COURSE was assigned by Mr. Luto the Respondent VBGB INC. pursuant to an agreement between those parties.
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Details Leading Up To The CPL
Since taking possession of the Lands in March 2015, the Respondents have allowed the Lands and buildings to fall into a state of disrepair, the particulars of which are as follows.
In March 2015, the Respondents removed and sold about 50% of the lockers in the golf course clubhouse contrary to their contractual obligation not to devalue the Lands. There were a series of break-ins and thefts resulting in the loss of valuable items and significant damage to the clubhouse and surrounding buildings on the Lands;
On or about March 2015, the clubhouse lost power due to the Respondents’ failure to prune branches around the power lines which caused significant electrical damage to the clubhouse and damage to chattels in the clubhouse, including freezers and fridges. Since taking possession of the Lands, the Respondents failed to service the valuable equipment previously used to maintain the golf course and surrounding premises.
Pending Litigation BC
Since taking possession of the Lands, the Respondents have failed to maintain or attend to the gardens in and around the golf course clubhouse. Since taking possession of the Lands, the Respondents have failed to maintain the golf course, including by allowing the grasses to grow to an unmanageable length resulting in a serious fire hazard to the Lands and the surrounding properties.
The Respondents last attended at the Lands on or about March 2015. Since then, the Respondents have left the golf course, clubhouse, and equipment used to maintain the Lands in a state of disrepair and have taken no steps to mitigate the continuing damage to the Lands and buildings that resulted from their neglect.
Certificate Of Pending Litigation Ontario
In March 2015, the Respondents failed to tender the balance of the principal and interest due and owing under the Mortgage and thereby defaulted under the terms of the Promissory Note secured by the Mortgage and the GSA.
On March 2015, the Petitioners served the Respondents with written notice of default under the Mortgage and the GSA demanding repayment of all principal and interest owing together with the requisite notice of intention to enforce their secured interest in the Lands, thus formally accelerating the Mortgage which came due on March 2015. Despite such acceleration of the Mortgage and demand for repayment, the Respondents have taken steps to discharge the Mortgage or redeem the Lands.
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