Title, Fraud and Certificates of Pending Litigation

Registered title is what allows you to sell, borrow against or protect a property. When someone challenges it, forges a document or registers a claim against it, the response needs to be quick and precise. We act for owners, buyers and claimants in title disputes and in motions to obtain or remove certificates of pending litigation.

Common situations

A forged transfer or mortgage registered against a property
A relative or former partner claiming a share of a property registered in someone else’s name, through a resulting or constructive trust
A buyer seeking to protect a right to complete a purchase
An owner seeking to remove a certificate of pending litigation that is blocking a sale or refinancing

Title fraud

Ontario’s Land Titles Act contains rules that protect a registered owner from losing title through a fraudulent document, and the Land Titles Assurance Fund may compensate some people who suffer a loss through fraud. Correcting the register usually requires a court order or a process with the Land Registrar. Early steps include notifying the lender and the police, and preserving every document.

Certificates of pending litigation

A certificate of pending litigation (often called a CPL) is registered on title by court order. It tells anyone dealing with the property that a claim to an interest in the land is before the court.

Obtaining one. The claimant must show a reasonable claim to an interest in the land. A claim only for money is not enough.
The claimant takes on risk. The court may require an undertaking to pay damages caused by the certificate if the claim fails.
Removing one. An owner can ask the court to discharge it, for example because the claim does not concern an interest in land, the claimant has not moved the case forward, or other security would protect the claimant.

Timing

Where a property is about to be sold or mortgaged, a motion for a certificate of pending litigation can sometimes be heard urgently, and in limited cases without notice to the owner, with full and fair disclosure required.

Questions we are often asked

What is a certificate of pending litigation?

It is a certificate, issued by court order and registered on title, giving notice that a claim to an interest in the property is before the court. In practice it prevents a sale or new mortgage until the dispute is resolved or the certificate is removed.

Can I get a certificate of pending litigation for a claim for money?

No. The claim must be to an interest in the land itself, such as a right to buy it or a trust interest in it. A claim only for money is not enough.

How do I remove a certificate of pending litigation from my property?

By agreement, or by a motion asking the court to discharge it. Grounds can include that the claim is not about an interest in land, that the claimant has not moved the case forward, or that other security would adequately protect the claimant.

I found a mortgage or transfer on my title that I never signed. What should I do?

Act immediately. Notify your lender and the police, obtain a copy of the parcel register, and preserve every document and message. A court order or a process with the Land Registrar is usually needed to correct the register.

General information about Ontario law, not legal advice about your situation. Time limits can be short; if you are unsure, speak with a lawyer promptly.