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Ken McEwan, Q.C., Emily Kirkpatrick and Samantha Chang, acting on behalf of the defendant developer Keltic, were successful in having the plaintiff’s appeal dismissed.

The appeal related to Keltic’s successful application under s. 215 of the Land Title Act to discharge a certificate of pending litigation filed by the plaintiff against Keltic’s residential and commercial development project. The plaintiff alleged that it entered into a purchase and sale agreement with Keltic for a portion of the commercial space in the development and filed a certificate of pending litigation against the entire commercial property. In dismissing the appeal, the Court of Appeal confirmed that the plaintiff’s claim to a present interest in land “to be subdivided” was “precisely what is prohibited by s. 73(6) of the Land Title Act”. The full reasons of the Court of Appeal can be found here.