| But before a sale could be closed, the vendor received a letter from Treasury threatening to register a lis pendens on the land. |
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| Such an interest is not sufficient to support a certificate of lis pendens. |
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| The proposal aims at improving the general lis pendens rule by prescribing a time limit for the court first seised to decide on its jurisdiction. |
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| It determines the date when a court is deemed to be seised for the purpose of the lis pendens rules. |
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| This would raise issues of lis pendens that would have been difficult to resolve in an acceptable way. |
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| The lis pendens alibi argument advanced by Spar, by contrast, focuses on the relationship between this proceeding and the outstanding application before the Federal Court for judicial review of the OSFI decision. |
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| A lis pendens rule is provided, where cases involving matters of parental responsibility over the same child are pending before courts in different Member States. |
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| The Court concluded that the three fundamental conditions for the existence of lis pendens were met, that is, the identity of the parties, identity of the essential facts, and identity of the object of the dispute. |
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| In reference to the Swordfish case, one commentator has posed the question: does international law have a doctrine of lis pendens or forum non conveniens? |
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| The appeal appears to be groundless and is merely a stall tactic to prolong the lis pendens, which has not been discharged. |
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| Along those lines, it is important to obtain a title report through the date the notice of lis pendens is recorded. |
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| It remains to be seen whether a Convention should deal with the case of lis pendens between a court in a Contracting State and a court in a non-Contracting State. |
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| Furthermore, Spar did not put before us any case law to the effect that the overlap of a single issue attracts the application of the lis pendens alibi doctrine. |
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| While that argument has some attraction, in the absence of a finding that the Federal Court proceeding is a lis pendens alibi, we are unable to give it any effect. |
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| The appellant also alleges infringement of the concepts of lis pendens and of a confirmatory decision and of the provisions governing rulings on costs in legal proceedings. |
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| A first difficulty concerns the operation of the lis pendens rule. |
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