The Court of Appeal considered when a Certificate of Lis Pendens can be discharged by Court Order and whether the Chambers Judge erred in doing so. The Applicants submitted that the Chambers Judge did not have the jurisdiction to discharge the Certificate of Lis Pendens as certain required conditions defined in the Land Titles Act, RSA 2000, c L-4 had not been satisfied.

The Court of Appeal canvassed the relevant statutory and jurisprudential authorities. Ultimately, the Court of Appeal noted that a Certificate of Lis Pendens can be addressed through an Application to strike that aspect of the underlying claim pursuant to Rule 3.68 on the basis that Statement of Claim did not disclose a reasonable cause of action. In the alternative, the Court of Appeal noted that an Application can be brought pursuant to Rules 7.1, 7.2, or 7.3 for dismissal of that aspect of the claim.

The Court of Appeal granted the Appeal without prejudice to the Respondents’ ability to bring an Application challenging the allegations in the Pleadings under Rules 3.68, 7.1, 7.2, or 7.3.