Genworth Financial Mortgage v. Farooqi 2019 Ont SCJ
A writ of seizure and sale was filed in 2010 and expired in 2016. The creditor moved in 2019 for leave to renew the writ. The judge granted the motion, holding that the debtor had not done anything in reliance of the creditor having done nothing to enforce the writ (e.g. the debtor had not purchased any property in his name). Because the debtor had not been prejudiced, the judge exercised his discretion to grant leave to issue the writ; however, because the creditor had done almost nothing after the filing of the writ to collect the judgment debt, the judge limited the amount of the writ to the judgment amount plus interest for only three years.
Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.