Is a forbearance arrangement to forbear from enforcement proceedings a promise not to enforce limitation periods?
Alberta, Canada
The following excerpt is from Birchwood Village Estates Inc v Invesco Mortgage Inc, 2015 ABQB 331 (CanLII):
The original arrangement to forbear from mortgage enforcement proceedings makes no specific mention of postponing limitation periods. The forbearance arrangement does not have a clear promise to not enforce the applicable limitations legislation. Martinez v. Hogeweide 1998 ABCA 34 is a similar case in that respect.
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