Laura Daly

The appellant defaulted on a $15,000 business loan guaranteed by the Province of Ontario under an economic development program.

Ontario repaid the bank and later successfully sued the appellant in Small Claims Court for indemnification.

On appeal, the appellant argued the action was barred by the two-year limitation period and the doctrine of laches.

The Divisional Court dismissed the appeal, finding that Ontario sued as a guarantor exempt from limitation periods under the Limitations Act, 2002, and that laches did not apply because Ontario had actively pursued collection.

The Administrator brought a motion to revive the debtor's consumer proposal, which had been deemed annulled for a second time due to default.

A major creditor opposed the revival.

The court dismissed the motion, finding that the application was brought three years after the proposal's five-year completion deadline, the debtor had defaulted twice without substantiating the reasons, a considerable amount remained owing, and the opposing creditor held 43% of the unsecured debt.