What is the impact of a certificate of pending litigation on a plaintiff's property?
British Columbia, Canada
The following excerpt is from Bellemore v. McGeachy, 2008 BCSC 1224 (CanLII):
She states that she has suffered hardship and inconvenience because she is in difficult financial circumstances and requires the sole proceeds of the property in order to continue to support herself. In addition, she continues to incur expenses with regard to the maintenance of the property, including the payment of taxes. She argues that the certificate of pending litigation has no more than a nuisance value and should not interfere with her legitimate rights. (See Kamil v. Transtide Industries Ltd., [1980] B.C.J. No. 1902).
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