- A certificate of pending litigation can be registered against title to real property when a lawsuit claims an interest in that specific property.
- A CPL is available specifically where the lawsuit itself asserts an interest in that piece of real property, not simply a claim for money that happens to relate to it.
- - A title search reveals the CPL to anyone looking to buy, lend against, or otherwise deal with the property.
If your lawsuit is actually about a specific piece of real estate, not just money but an interest in the property itself, there is a tool that can protect your claim while the case works its way through court: the certificate of pending litigation, often shortened to "CPL." Registered against title, it puts the world on notice that the property is caught up in a dispute, well before anyone gets to judgment.
This article explains what a CPL does, when it is available, and how it differs from enforcement tools that only come into play after you have already won.
What a Certificate of Pending Litigation Is
A certificate of pending litigation can be registered against title to real property when a lawsuit claims an interest in that specific property. Once registered, it shows up on a title search, which is exactly what a buyer's or lender's lawyer checks before a purchase or mortgage closes.
Because almost no buyer or lender wants to take on property subject to an active, registered legal dispute, a CPL can effectively freeze a sale or refinancing until the underlying case is resolved.
When You Can Register One
A CPL is available specifically where the lawsuit itself asserts an interest in that piece of real property, not simply a claim for money that happens to relate to it. Common examples include disputes over:
- Ownership of the property itself
- An agreement to purchase or sell the property
- A trust or beneficial interest claimed in the property
- Other property-specific rights the lawsuit is built around
A lawsuit that is really just about a debt, with no claimed interest in the specific property, generally is not the right fit for a CPL. A different enforcement tool, used after judgment, would apply instead.
What Happens Once It's Registered
- A title search reveals the CPL to anyone looking to buy, lend against, or otherwise deal with the property.
- Sales and refinancing typically stall, because the buyer or lender does not want to take on an unresolved legal dispute.
- The pressure this creates often brings the parties toward resolving the underlying claim faster than they otherwise would.
What a CPL Does Not Do
- It does not decide who wins. Registering a CPL says nothing about the merits of the claim — it just flags that a dispute exists.
- It does not transfer or seize the property. The defendant still owns it; they simply cannot deal with it cleanly while the CPL remains registered.
- It is not itself a judgment. It is a pre-judgment, mid-lawsuit protective step, not the end result of the case.
How a CPL Gets Removed
A certificate of pending litigation is generally removed once the underlying lawsuit is resolved, whether by settlement, withdrawal, or a final decision, or where a court orders it discharged along the way — for example, if the claim to the property turns out not to be properly supported. Because a CPL can seriously restrict what a property owner can do with their own property, courts take applications to discharge one seriously, and the specific process depends on the circumstances.
Certificate of Pending Litigation vs. a Writ of Seizure and Sale
| Certificate of Pending Litigation | Writ of Seizure and Sale | |
|---|---|---|
| When it's used | During a lawsuit, before judgment | After a judgment has been obtained |
| What it requires | The lawsuit must claim an interest in that specific property | Any judgment for money, enforced against any real property the debtor owns |
| What it does | Flags the dispute on title; blocks a clean sale or refinance | Registers a claim on title tied to enforcing a money judgment |
| Does it decide the case? | No — it protects the claim while the case proceeds | N/A — it enforces a claim already decided |
Frequently asked questions
Can I register a certificate of pending litigation for any lawsuit involving real estate?
Only if the lawsuit itself claims an interest in that specific property, not simply a money claim that happens to relate to real estate in some general way. A lawsuit purely about debt would generally use a different tool, applied after judgment.
Does a CPL stop the owner from living in or using the property?
No. A CPL restricts dealing with the property — selling it, refinancing it — it does not remove the owner's right to occupy or use it while the litigation continues.
What if the other side thinks the CPL was registered improperly?
They can ask the court to discharge, or remove, it, typically by showing the underlying claim does not genuinely support an interest in that property. The court weighs this seriously given how much a CPL can restrict an owner's options.
How long does a certificate of pending litigation stay on title?
Generally, for as long as the underlying lawsuit is ongoing, unless a court orders it removed earlier. Once the case resolves, the certificate should be discharged so the title is clear again.
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