Certificate of Pending Litigation
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.