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Writ Renewal

Posted on July 22, 2021 | Posted in Collections, Five Liners

Achtem v. Boese 2021 Ont CA

Judgment creditor did not actively attempt to recover the debt after her lawyer informed her that the creditor owned two properties without equity and only had disability income that could not be garnished. The 6-year time to file a writ expired. Shortly after, the creditor moved under Rule 60.07 for leave to have a writ issued. The motion judge refused leave because (i) aside from the creditor’s explanation set out above, the creditor could give no reason for not moving to collect on the judgment and (ii) the debtor relied on the creditor’s inaction to his detriment. The Court of Appeal disagreed. The explanation that the creditor gave for doing nothing was a sufficient explanation to explain the delay. Further, the debtor did not rely on the creditor’s inaction. The creditor never gave any indication that she was giving up her rights under the judgment and the expenses that the debtor incurred on his properties were necessary to continue renting the property for income.


Jonathan Speigel


Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.


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