What is the test for obtaining a Certificate of Pending Litigation?
British Columbia, Canada
The following excerpt is from Stott v. Ramanathan, 2017 BCSC 560 (CanLII):
The court must now allow this procedure to be used solely as a negotiating tool in litigation. In Dale v. Walken, [2000] O.J. No. 329, the Ontario Superior Court of Justice held that it is inappropriate to obtain a Certificate of Pending Litigation primarily in order to gain an advantage in litigation.
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