“There is no disagreement about the applicable test. In order to obtain a certificate of pending litigation, the requesting party must have a triable claim to an interest in the land. He does not have to show that he will succeed. Certain equitable considerations also apply.
In this matter, they are:
a. whether the property is unique;
b. the ease or difficulty in calculating damages;
c. whether damages would be satisfactory compensation;
d. the presence or absence of a willing purchaser; and
e. the harm to both parties if the certificate is or is not granted.
The onus is on the respondent to show that there is no triable issue.”