What is an indulgence for a motion to set aside a registrar’s dismissal order?

Ontario, Canada


The following excerpt is from Corporation of the City of Brantford v The Guarantee Company of North America, 2017 ONSC 933 (CanLII):

In his decision on costs on a motion to set aside a registrar’s dismissal order issued two years prior, M.G.J. Quigley J. in Mollicone v. Caledon (Town), 2011 ONSC 833, at paras. 13-14, discussed the meaning of an indulgence in the context of the motion and whether in granting such an order was the court granting the plaintiff an indulgence which gave the defendant the right to claim that its costs ought to be paid rather than the plaintiff’s costs. He stated: An indulgence is something that is granted as a favour or privilege. It contemplates liberal or lenient treatment to the person who receives it, embracing notions of tolerance. In the context of business or the law in which it is used here it signifies the granting of permission to do something that is time or performance related that would not otherwise be permissible, such as extending a period of time to permit what would otherwise be out of time payment of a sum or performance of an obligation.

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