What is the test for relief from forfeiture?
Ontario, Canada
The following excerpt is from Poplar Point First Nation Development Corporation v. Thunder Bay (City), 2016 ONCA 934 (CanLII):
Keating v. Sparrow however was decided when civil relief from forfeiture was limited to circumstances where the forfeiture was designed to secure the payment of money. More importantly, at the time of the decision there was no statutory provision for relief from forfeiture. The court was unwilling to apply equitable jurisdiction to override the legislative will expressed in a statute. The equitable jurisdiction to relieve against penalties and forfeitures has since been both expanded and legislated.
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