What is the test for granting a certificate of pending litigation?

The test for granting a certificate of pending litigation is the same as the test on a motion to discharge one, and that includes a consideration of whether the plaintiff has demonstrated a reasonable claim to an interest in the land.[30] In the Waxman v. Waxman case Lane J. stated that his duty as a motion judge was “to examine the whole of the evidence as it stands after cross-examination and, without deciding disputed issues of fact and credibility, consider whether on the whole of the evidence the plaintiff’s case constitutes a reasonable claim to the interest in the land claimed”. Section 103(6) of the Courts of Justice Act also directs courts to consider several other factors when granting or discharging a certificate of pending litigation, including the adequacy of damages and the protection of the plaintiff’s interests by another form of security.[31]