Irwin G. Nathanson, K.C. acted for GMC Properties Inc. in its successful appeal from a Supreme Court judgment ordering the discharge of the client’s certificate of pending litigation from title to commercial property.  GMC had registered a certificate of pending litigation against commercial land in support of its claim to specific performance of a purchase and sale agreement.  Prior to NST’s involvement, the defendant successfully applied to have the CPL discharged.  GMC retained NST for the appeal.  On April 21, 2023, the Court of Appeal released its reasons finding that the Supreme Court judge had erred in exercising his discretion by misconstruing the nature of GMC’s claim, failing to have due regard to informal steps GMC has taken in the litigation, and failing to consider the fact that the certificate caused no actual prejudice to the respondent.  The appeal judgment can be viewed here: