Can You Stop the Sale of an Estate House During a Dispute in Ontario?
Sometimes, but only if your claim is about an interest in the land itself. The main tool is a certificate of pending litigation, often called a CPL. Starting a lawsuit about an interest in land does not give notice to anyone outside the case until the court issues a CPL and it is registered. It can be registered under either the Land Titles Act or the Registry Act.
A CPL is not permanent. The court may discharge it if you are really claiming money instead of the land, have no reasonable claim to the land, or are not pursuing the case with reasonable diligence. It may also discharge it if other security adequately protects you, or on any other just ground.
Other routes exist. The court can suspend administration of an estate in whole or in part. Once a trustee is served with a dependant support application, they must not distribute the estate until the court decides it, unless everyone entitled to apply consents or the court orders otherwise. Procedures differ by region, so a lawyer can confirm which steps fit your situation.
Key takeaways
- A certificate of pending litigation only helps if your lawsuit claims an interest in the land itself, and starting the lawsuit alone gives no notice to outsiders until the certificate is issued and registered.
- The court can discharge a certificate if your claim is really for money, if you have no reasonable claim to the land, if you do not pursue the case with reasonable diligence, if other security is enough, or on any other just ground.
- The court can suspend administration of an estate in whole or in part, and a trustee served with a dependant support application generally must not distribute the estate until the court decides it.
- People with a financial interest can file Form 74P to be notified of proceedings involving the estate, and urgent Toronto Estates List hearings are requested through the Ontario Courts Public Portal.