What are the relevant factors for determining whether a party can obtain a conditional discharge?

Ontario, Canada


The following excerpt is from Blanchette v. Squires, 2009 CanLII 43101 (ON SC):

Counsel for the moving party referred me in detail to a number of cases on this issue including the decision in Bourne v. Saundby (supra). While the factors in Bourne v. Saundby are helpful, nevertheless, the court's discretion is not confined to the list of criteria in that case. The circumstances of the case may require a consideration of other relevant factors.

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