- A certificate of pending litigation is a document registered against a specific property's title, giving public notice that a lawsuit is underway claiming an interest in that land.
- A CPL can generally be registered by a party to a court proceeding claiming an interest in the specific land — not just a dispute about money that happens to involve the property's owner.
- Buyers and sellers sometimes lump a CPL in with other things that can show up on a title search, but the differences matter for how a deal moves forward.
A pending sale or refinancing can grind to a halt the moment a title search turns up a certificate of pending litigation, or CPL. For someone who's never encountered one, the name alone sounds alarming — and in practice, a CPL is one of the more disruptive things that can appear on title, precisely because it's designed to be disruptive.
This article explains what a CPL actually is, who can register one, how it affects a deal already underway, and what it generally takes to get one removed.
What a Certificate of Pending Litigation Actually Does
A certificate of pending litigation is a document registered against a specific property's title, giving public notice that a lawsuit is underway claiming an interest in that land. It's sometimes still called by its older common-law name, lis pendens — Latin for "a suit pending."
Registering a CPL doesn't prove the underlying claim has merit. What it does is put the world on notice: anyone who buys the property, lends against it, or otherwise deals with it afterward does so subject to that lawsuit's outcome. That notice function is usually enough to stop a deal on its own — real estate lawyers, title insurers, and lenders will generally not close a purchase or a mortgage while an undischarged CPL sits on title.
A CPL is registered in whichever of Ontario's two land registration systems applies to the property — the modern Land Titles system, which covers most of the province, or the older Registry system, which still applies to some parcels. Either way, it becomes visible to anyone who searches the property.
Who Can Register One, and When
A CPL can generally be registered by a party to a court proceeding claiming an interest in the specific land — not just a dispute about money that happens to involve the property's owner. Common examples include disputes over:
- Who actually owns an interest in the property (a co-ownership or trust dispute, for instance).
- Whether a transfer of the property should be set aside.
- A breached agreement of purchase and sale, where the other side asks a court to force the sale through (specific performance) rather than just pay damages.
- A construction lien claim, which uses its own registration mechanism but raises similar issues for a seller trying to close.
Registering a CPL is a serious step, so it isn't meant to cover every dispute that merely touches on real estate — the underlying claim generally needs to genuinely assert an interest in the land itself, not simply a debt the defendant happens to owe.
CPL Compared to Other Encumbrances
Buyers and sellers sometimes lump a CPL in with other things that can show up on a title search, but the differences matter for how a deal moves forward.
| Certificate of pending litigation | Mortgage | Writ of execution / lien | |
|---|---|---|---|
| What it represents | A pending lawsuit claiming an interest in the land itself | A voluntary loan secured against the property | A debt owed by the property owner, or a construction claim |
| Can it usually be paid out to close? | No — it isn't a debt with a payout figure; it reflects an unresolved dispute over the land | Yes — typically discharged from sale proceeds at closing | Often yes — frequently paid or discharged from proceeds at or before closing |
| Who can remove it | The party who registered it, or a court order | The lender, once repaid | The creditor, once satisfied, or a court in some cases |
The key distinction: a mortgage or a straightforward lien can usually be resolved with money at or before closing. A CPL usually can't — the dispute isn't about an amount owed, it's about who has rights to the property itself.
How a CPL Gets Removed
There are generally a few paths to getting a CPL discharged from title:
- The underlying lawsuit settles or resolves. The party who registered the CPL can then register a discharge, clearing title.
- The court orders it removed (vacated) — for example, because the claim doesn't genuinely support registering a CPL, or the party who registered it hasn't been actively pursuing the case.
- The court vacates it on terms, such as requiring security (funds held in trust) to protect the claimant while a sale proceeds and the dispute continues.
- The claim is withdrawn or dismissed, at which point the CPL should also be discharged.
None of these routes are automatic — which one applies depends heavily on the specific lawsuit and property, and this remains a court-and-litigation process, not a paperwork formality.
If You're a Buyer, Seller, or Owner Facing a CPL
- [ ] Confirm exactly what lawsuit the CPL relates to and who registered it — the certificate itself will reference the underlying court file.
- [ ] Get the underlying claim reviewed by a lawyer before assuming the CPL will resolve on its own timeline.
- [ ] If you're a seller under contract, tell your buyer's lawyer promptly rather than hoping the issue clears before closing.
- [ ] If you're a buyer, don't assume a seller's assurance that "it'll be sorted out" is enough — an undischarged CPL is a real obstacle to closing.
- [ ] If you believe a CPL was registered against your property without a genuine claim to support it, talk to a litigation lawyer about your options to have it vacated.
Frequently asked questions
Can I still sell my house with a CPL registered against it?
Practically, it's very difficult. Buyers' lawyers, lenders, and title insurers will typically refuse to close while an undischarged CPL sits on title, since anyone taking an interest in the property afterward could be bound by the lawsuit's outcome. Resolving or removing the CPL is usually a precondition to closing.
Does a CPL mean the person who registered it will win their case?
No. A CPL is a notice mechanism, not a finding on the merits. It reflects that a claim has been made and a lawsuit is pending — the underlying dispute still has to be decided by a court or resolved by the parties.
How is a CPL different from a construction lien?
Both are registered against title and can complicate a closing, but they address different claims — a construction lien relates to unpaid work or materials under Ontario's Construction Act, while a CPL can arise from a broader range of disputes over an interest in the land.
What if I think a CPL was registered against my property improperly?
Talk to a litigation lawyer promptly. There are court processes to challenge a CPL that doesn't genuinely support the kind of claim needed to register one, but timing matters, especially if you have a sale or refinancing pending.
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