Written by: Devin P. Lucas, Partner, Litigation and Dispute Resolution
T: 604.331.8306
E: dlucas@kornfeldllp.com
One of the most frequently used pressure tactics in commercial litigation practice is the filing of a Certificate of Pending Litigation (“CPL”).
In general terms, a CPL (formerly known as a lis pendens in British Columbia) is a charge on title that provides notice to the public indicating that the interest or title to a specific piece of land is subject to a court proceeding.
To have legal effect, a CPL must be issued by a court and registered on title to the land in question. Once registered on title, the claimant’s filing of a CPL prevents the property owner from defeating the claim by transferring the land to a third party. As a result, it is a very important tool in a litigator’s arsenal. For that very reason, clients are becoming more and more familiar with the advantages of a CPL and often can exert considerable pressure on a lawyer to register a CPL.
Once a CPL has been filed, the opposing party typically brings an urgent application to discharge the CPL, due to the prejudicial nature of a CPL.
Most commercial litigation counsel are well versed with the criteria set out in the Land Title Act and other statutes allowing for the filing and potential discharge of CPLs.
Read the full article Certificates of Pending Litigation – A Guide for Practitioners