What factors must a court consider in determining whether to grant relief to a defendant who has defaulted on a loan?
Ontario, Canada
The following excerpt is from Irons v. Irons, 2020 ONSC 1471 (CanLII):
The Court of Appeal for Ontario has held that these factors are not to be treated as rigid rules; rather, the court must consider the particular circumstances of each case to decide whether it is just to relieve the defendant of the consequences of his or her default (at paras. 47-50). See also Benarroch, at para. 29, and Bompas v. Henry, 2018 ONSC 7718, 2018 CarswellOnt 21795, at para. 15. A careful balancing of the factors is required in each case.
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