Background:
Mushy Roomy Products Inc., along with Hamed Samari, Anthony David Maclean, and Allan Patrick Rojas Maclean (plaintiffs), leased a commercial unit from JACP Holdings Ltd. (defendant). After taking possession, the plaintiffs alleged the defendant misrepresented the property’s zoning, ceased rent payments, and sought damages. The defendant counterclaimed for breach of lease.

Legal Issues:
The dispute focused on whether the plaintiffs had a valid Certificate of Pending Litigation (CPL) against the defendant’s land. The plaintiffs claimed unjust enrichment and sought a constructive trust, arguing they invested $14,000 in improvements. The defendant applied to cancel the CPL, arguing the claims did not establish an interest in land and that monetary damages were the only appropriate remedy.

Court's Findings:

• The plaintiffs’ claim lacked the necessary legal basis for unjust enrichment and constructive trust.

• The CPL was invalid because the claim was purely monetary and did not involve an actual interest in land.

• The CPL created a hardship for the defendant by impeding property sales.

Judgment and Costs:
Justice LeBlanc ordered the removal of the CPL and struck portions of the plaintiffs’ amended claim. The defendant, as the successful party, was awarded costs of the application, but the exact amount was to be determined in the course of the litigation.