What is a pending litigation order?
September 21, 2020. A certificate of pending litigation (commonly referred to as “CPL”) provides notice that a legal proceeding has been commenced questioning the owner’s interest in land. In order to be effective, a CPL must be issued by a court and registered on title to the land in dispute.
Can you talk about pending litigation?
It’s probably obvious why you should never talk to the press about in-progress litigation. You are creating a public record that could be seen by everyone in your community, including the opposition, and that will be admissible in court.
What does pursuing litigation mean?
Litigation does not just include action taken during a lawsuit, but also the activities before and after a lawsuit that work to enforce a legal right. In other words, litigation involves bringing forth and pursuing a lawsuit, not just the lawsuit itself.
How do you lift a certificate of pending litigation?
Absent agreement with the CPL claimant, your recourse is to seek a court order removing the CPL. Section 256 of the Land Title Act grants a land owner the authority to apply to court to remove a CPL.
How do I find pending litigation?
To check for pending litigation, go through the lis pendens registry at the sub-registrar’s office, as it will contain the owner’s name if there is pending suit. Mortgaged properties are the other lemons you need to watch out for. In such cases, the original documents are sure to be with the lending institution.
Are you allowed to talk about your lawsuit?
Anything you have posted on your wall or that has been posted about you can be used against you in a court of law. Private messaging, however, can only be obtained through consent or with a warrant. Most people assume that social media is a matter of personal privacy, but not the case.
Can you talk about a legal case?
Do not talk to anyone regarding anything about your case without first discussing the matter with your attorney. Because of attorney-client privilege, your attorneys are ethically bound to keep any conversations between you confidential.
Why is my case going to litigation?
The most common factors causing cases to go to trial is communication failure. The lawyer and client fails to communicate as to what can realistically be achieved at trial. The client often gets information from people that are not lawyers and the information is often inaccurate.
What is the difference between litigation and lawsuit?
Litigation is a process of taking legal action (court proceedings), whereas a lawsuit is a claim or dispute brought forward to a court of law. Litigation is a detailed procedure to resolve legal issues in court. The whole process begins once the litigator submits the petition to the court.
What is a CLP on title?
A Certificate of Lis Pendens is also referred to as a CLP. It is a document registered at the Alberta Land Titles Office. Understanding them is critical if selling or refinancing a home. They also come into play if you need to secure a potential obligation against real property.
What is a certificate of pending litigation BC?
A certificate of pending litigation (a CPL) is a form of charge that can be registered on title to land where someone commences a legal claim in which they assert an interest in that land. CPLs are intended to protect the claimant’s interest in that land.
Can we buy property with litigation?
The capital risk involved in purchasing a land under litigation is that the purchaser may end up losing ownership of the land to person whom the court awarded judgment in favour of. If a will is contested, you must revert to the court registry to know the outcome of the matter.
What does it mean when a lawsuit is pending?
A pending lawsuit is one that has been started but is not finished. This term includes everything from a complaint that has been filed but not yet served to a lawsuit that has gone to trial and is awaiting a decision.
What does it mean when a court case is pending?
Pending means the case isn’t closed/disposed. It’s up to litigants to insure their litigation gets before the judge. If you’ve got a lawyer, talk to your lawyer. If you don’t have a lawyer, either get an agreement on the issues involved or set it for trial. Courts have “coordinators” who are responsible for trial settings in the courts.
What to expect in litigation?
Litigation: What to Expect. Most clients when they embark on the process wish for a speedy resolution of the matter. The speed with which the case is resolved depends on a number of factors. The factors are customarily the willingness of both parties to mediate, the degree of animosity of both parties, and the amount at issue.
What is threatened litigation?
Pending or Threatened Litigation. There is no pending or, to any Partys knowledge, threatened action, suit, investigation or proceeding relating to the Purchased Assets that would either affect the ability of any Party to consummate the transactions contemplated herein or impair or affect title to the Purchased Assets.