“The first part of the governing test on such a motion is the same as the test on a motion to discharge a CPL (Certificate of Pending Litigation) obtained on an ex parte motion under section 103(6) of the Courts of Justice Act, R.S.O. 1990, c. 43 (“CJA”), namely the plaintiff must show only that there is a triable issue as to whether the plaintiff has a reasonable claim to an interest in the Property; see Hupka v. Aarts Estate, 2003 CanLII 49303 (ONSC) at paragraphs 45 and 46. This means that the plaintiff need not establish that she will succeed in her claim to an interest in the Property, but only that there is an issue worthy of a trial in that regard. The defendant has the higher onus, namely the onus of showing that there is no such triable issue.
In such a motion the court must review all of the evidence put forward by the parties in making its determination. Furthermore, the court need not accept the pleadings or the affidavit evidence uncritically; see Avan v. Benarroch, 2017 CanLII 4729 (ONSC) at paragraph 18.”