Canada Post disruption: Alert Level: MEDIUM

Due to the Canada Post national strike notice, customers are advised that mail applications may be subject to delays. LTSA offers online resources and electronic filing services to access front counter services. You may wish to consult a lawyer or notary to complete any filings.

Contact us by phone or email with any questions you have.

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Front Counters Open By Appointment Only Alert Level: LOW

Please be aware that LTSA’s Land Title Office front counters are open 9 am – 3 pm, Monday to Friday by appointment only. Many common transactions are now available online. To book an in-person visit, contact 1-877-577-LTSA (5872) .

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What is a Certificate of Pending Litigation?

A certificate of pending litigation (CPL) is registered in the same manner as a charge against a land title to give notice of a court action. The registration of a CPL against a title may restrict further dealings.

For example, when a CPL is registered against a land title, certain actions may not be possible, such as selling the property, refinancing, or making other changes to the land title.

File a Certificate of Pending Litigation

For a CPL to be accepted for filing, it must:

  • Claim an interest in land,
  • Claim a right of action in respect of land, or
  • Be dealing with one of the items set out in s. 215, Land Title Act

The Filing of CPLs Require the Assistance of a Legal Professional

 The Director of Land Title Directions state that CPLs must be electronically signed by a legal professional before it can be filed and/or released. In exceptional circumstances, members of the public may submit an exception letter for permission to file a CPL. More information about CPL exception letters can be found on pages 21-23 of the E-Filing Directions.

When an exception has been granted, a CPL must be filed with all required documents. LTSA staff cannot provide legal advice or assistance with completing the required forms.

Importance of Hiring a Legal Professional

A CPL is a land title transaction that benefits from the expertise of a legal professional who can also represent you in court on this matter.

A CPL often deals with time sensitive matters and hiring a legal professional, who can electronically submit the application on your behalf, ensures the CPL is filed in a timely manner.

A legal professional can also:

  • Investigate the current status of the title in the land title register to determine the required land title documentation
  • Identify and correct any issues that may arise during a pre-inspection of the document

Because filing or releasing a CPL has serious legal implications, it’s strongly recommended to hire a lawyer to obtain legal advice, and to ensure the filing is done correctly and in a timely fashion.