Does the so-called one year rule apply to a debtor who has not paid for a year?
Ontario, Canada
The following excerpt is from Thrasher v. Stevenson, 1985 CanLII 1883 (ON CJ):
[39] It has also been suggested in, for example, the decision of Patry v. Patry, supra, as a rationale for the so-called one-year rule that it may be used as a guideline to assist the court in determining how much the defaulter is probably able or perhaps likely to pay. Surely, if such be the explanation for the rule, the determination of the ability of the debtor to pay the arrears is better to be decided upon evidence of his actual financial circumstances rather than upon the application of some rule or guideline that is arbitrary and that has no foundation in the statutory provisions related to enforcement.
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