Whelton Hiutin LLP lawyer Wei Jiang and articling student Shae-Lynn Chung recently successfully acted for the defendant on a motion to discharge a certificate of pending litigation (CPL) after the plaintiff moved without notice to have CPLs registered on title to two of the defendant’s properties.
On the CPL discharge motion, Whelton Hiutin successfully argued that the plaintiff failed to make full and fair disclosure of all material facts on the without notice motion and that this non-disclosure warranted the discharge of the CPL. Associate Justice La Horey granted the discharge and refused the plaintiff’s request that security be paid into court. A copy of the decision can be found here.