What is the test for a certificate of pending litigation?

The principles which the court must apply in determining whether to allow for the issuance of a certificate of pending litigation are well summarized in a decision of Ryan Bell J. in Canadian Western Trust Company v. 1324789 Ontario Inc., 2019 ONSC 4789. As in this case where the motion seeking the issuance of a certificate of pending litigation is brought on notice, the test is the same as on a motion to discharge a certificate of pending litigation. The circumstances in which the court may make an order discharging a certificate of pending litigation are set forth in s. 103(6) of the Courts of Justice Act. The first issue that the court must determine is whether or not the Plaintiffs’ claim to an interest in land meets the threshold requirement, i.e. whether the claim to an interest in land is reasonable and at least raises a triable issue.