What is a Certificate of Pending Litigation and when can it be registered in Ontario?

A Certificate of Pending Litigation (CPL) is a document registered on the title of a property in Ontario to warn prospective buyers or lenders that there is a lawsuit affecting the property. Once registered, the CPL appears in the title search and typically prevents the owner from selling or mortgaging the property without either resolving the litigation or getting the CPL removed.

A CPL can be obtained by making a court motion and demonstrating that your claim is one that, if successful, would affect an interest in the specific land. Common situations include a buyer who paid a deposit and is suing to enforce a purchase and sale agreement (specific performance), a person claiming co-ownership of property, or a party enforcing a constructive trust over real estate.

Courts do not grant CPLs automatically — they assess whether the claim has a reasonable basis, whether the property is a legitimate part of the relief sought, and sometimes whether the balance of convenience favours granting the certificate. The property owner can apply to have the CPL removed (vacated), often by posting security equivalent to the claim amount.

A CPL is a powerful remedy because it effectively ties up property, but using it improperly or without a genuine claim can expose you to a cost award in favour of the property owner.