What risk does a certificate of pending litigation pose if I'm buying a distressed property in Ontario?
A certificate of pending litigation is a notice registered against a property's title that flags an active lawsuit claiming an interest in, or otherwise disputing ownership of, that specific property. If one shows up on title during your due diligence for a distressed purchase, it is a serious red flag rather than a minor technicality - it means someone else is actively asserting a competing legal claim to the property you are trying to buy, and that dispute has not yet been resolved.
Closing a purchase while a certificate like this remains registered and unresolved can expose you to the underlying dispute, since your ownership could later be affected by however that litigation is ultimately decided. In a distressed purchase specifically, where the seller's own representations are often limited to begin with, a registered certificate makes an already higher-risk transaction meaningfully riskier still.
Treat a certificate of pending litigation as something that generally needs to be resolved, discharged, or otherwise properly addressed before closing, rather than something to proceed past and hope works out.
Key takeaways
- A certificate of pending litigation flags an active, unresolved dispute over the property's title.
- It signals a real, competing legal claim, not a routine administrative notation.
- Closing over an unresolved certificate can expose the buyer to the underlying litigation.
- This risk compounds with the already-limited representations typical of a distressed sale.