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 moving party sought an extension of time to appeal Small Claims Court decisions finding him liable for a 1996 government business loan.

Although the moving party failed to demonstrate an intention to appeal within the time limit and provided a weak explanation for the significant delay, the court found the appeal had potential merit regarding whether the Crown, as an assignee of the debt, could avoid the limitation period that would have applied to the original private lender.

Given the lack of prejudice to the respondent, who waited 23 years to commence the action, the court granted the extension of time to appeal.

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.