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Extension of time to file bulk sale affidavit granted without prejudice to intervenor's separate action.
The applicant purchased the assets of the respondent but failed to comply with the mandatory filing requirements under the Bulk Sales Act.
The applicant sought an extension of time to file the required affidavit under s. 11(3) of the Act.
The intervenor opposed the application, arguing that the applicant wilfully disregarded its statutory obligations.
The court established a five-factor test for granting an extension and, due to a lack of prior guiding case law, granted the extension.
However, the court ordered that the extension be without prejudice to the intervenor's separate action to void the sale.
