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LTSAProperty OwnersMake Changes to TitleCertificate of Pending Litigation

Certificate of Pending Litigation

Contents

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.