Relief from Forfeiture: Difference between revisions
| Line 4: | Line 4: | ||
[11] Section 98 of the Courts of Justice Act, R.S.O. 1990, c. C.43 authorizes a court to grant relief against forfeiture, on such terms as are just. However, relief from forfeiture is to be granted sparingly and the party seeking the relief bears the onus of making the case for it. | [11] Section 98 of the Courts of Justice Act, R.S.O. 1990, c. C.43 authorizes a court to grant relief against forfeiture, on such terms as are just. However, relief from forfeiture is to be granted sparingly and the party seeking the relief bears the onus of making the case for it. [http://canlii.ca/t/flc8b (Ontario (Attorney General) v. 8477 Darlington Crescent, 2011 ONCA 363, at para 87)]. | ||
[12] In exercising its discretion to grant relief from forfeiture, a court must consider three factors: (i) the conduct of the Applicant; (ii) the gravity of the breach; and (iii) the disparity between the value of the property forfeited and the damage caused by the breach: Kozel v. The Personal Insurance Company, 2014 ONCA 130, at para. 31; Shah v. Southdown Towns Ltd, 2017 ONSC 5391 (“Shah”), at para. 31. | [12] In exercising its discretion to grant relief from forfeiture, a court must consider three factors: (i) the conduct of the Applicant; (ii) the gravity of the breach; and (iii) the disparity between the value of the property forfeited and the damage caused by the breach: Kozel v. The Personal Insurance Company, 2014 ONCA 130, at para. 31; Shah v. Southdown Towns Ltd, 2017 ONSC 5391 (“Shah”), at para. 31. | ||
Revision as of 03:35, 23 March 2020
King v. 2397043 Ontario Inc., 2019 ONSC 2135 (CanLII)
[11] Section 98 of the Courts of Justice Act, R.S.O. 1990, c. C.43 authorizes a court to grant relief against forfeiture, on such terms as are just. However, relief from forfeiture is to be granted sparingly and the party seeking the relief bears the onus of making the case for it. (Ontario (Attorney General) v. 8477 Darlington Crescent, 2011 ONCA 363, at para 87).
[12] In exercising its discretion to grant relief from forfeiture, a court must consider three factors: (i) the conduct of the Applicant; (ii) the gravity of the breach; and (iii) the disparity between the value of the property forfeited and the damage caused by the breach: Kozel v. The Personal Insurance Company, 2014 ONCA 130, at para. 31; Shah v. Southdown Towns Ltd, 2017 ONSC 5391 (“Shah”), at para. 31.
