A Certificate of Pending Litigation (CPL) is a legal tool utilized in proceedings involving disputes over an interest in land. Often, its value isn't fully recognized or is understated; however, understanding its role and implications can be pivotal in safeguarding your interests. This blog post aims to delve into the authority that underpins a CPL, the implications it carries, and the risks that come with it. By doing so, we hope to shed light on the importance of a CPL in property disputes.

Section 12 of the Family Law Act empowers the court to issue Preservation Orders, which serve to restrict the depletion of a spouse's property and ensure its safekeeping. The purpose of these orders, as confirmed in Bronfman v. Bronfman, is to guarantee sufficient assets for an equalization payment once the amount is determined. The court, however, must balance three factors when considering such an order: the relative strength of the plaintiff's case, the balance of convenience, and the potential for irreparable harm.