The Bank of Montreal (BMO) sought leave for an extension of time to issue a writ of seizure and sale against the defendant, Adams, more than six years after obtaining default judgment.
The court applied a two-part test: whether the plaintiff waived its rights or acquiesced in non-payment, and whether the debtor relied to his detriment.
The court found BMO met the low bar for the first part, but also found it unjust to penalize the debtor with interest accrued due to BMO's slow action.
Leave was granted, but the writ amount was limited to the judgment, interest, and costs up to December 31, 2019.
