The defendant, Rochester, sought to cancel a certificate of pending litigation filed against their property by Canada Long Investment Group Corporation. Canada Long alleged breaches of fiduciary duties, trust, and diversion of funds by Rochester and others. The lawsuit aimed to recover property, funds, and profits for the benefit of the partnership. Rochester was implicated in the scheme to defraud the partnership and was accused of receiving trust funds. The NOCC requested an accounting, tracing of profits, and a declaration of constructive trust. A proprietary remedy was sought due to the low probability of recovering monetary damages from Rochester.