The applicant sought the release of funds held in court related to a 2002 application for a mortgage discharge.
The respondent estate brought a motion to dismiss the application for delay and claim the funds, while the applicant brought a cross-motion to dismiss the respondent's claim as statute-barred or for delay.
The court found that both parties were responsible for the inordinate delay and declined to dismiss the application on that basis.
The court also found that the applicant's father's bankruptcy complicated the entitlement to the funds, requiring notice to the Trustee in bankruptcy before a final determination could be made.
Both motions were dismissed.
