Can a party who has filed a certificate of pending litigation have asserted a proprietary claim?
British Columbia, Canada
The following excerpt is from RodRozen Designs Inc. v. 0977168 B.C. Ltd., 2016 BCSC 834 (CanLII):
In Amero v. Fehner-Lee, 2012 BCSC 1411, I was not satisfied that the party who had filed a certificate of pending litigation had asserted a proprietary claim with respect to the property in question.
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