What is the test for maintaining a certificate of pending litigation against land?

British Columbia, Canada


The following excerpt is from Nouhi v Pourtaghi, 2019 BCSC 794 (CanLII):

To register and maintain a certificate of pending litigation against land, a party must claim an interest in that land: Land Title Act, s. 215(1). To be validly registered, a certificate of pending litigation must be supported by pleadings that assert an interest in the lands subject to the certificate of pending litigation. Valid registration is a threshold criterion for its sustained registration under s. 215(1): Bilin v. Sidhu, 2017 BCCA 429 at para. 55.

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