What is the test for relief under s. 98 of the Courts of Justice Act?

Ontario, Canada


The following excerpt is from Konialian v. Paletta, 2020 ONSC 3976 (CanLII):

Section 98 of the Courts of Justice Act provides that “[a] court may grant relief against penalties and forfeitures, on such terms as to compensation or otherwise as are considered just.” Relief under s. 98 is an equitable and purely discretionary remedy (Scicluna v. Solstice Two Limited, 2018 ONCA 176, at para. 28).

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