Is a surety entitled to relief from a creditor who has interfered with the rights of the surety?
Saskatchewan, Canada
The following excerpt is from Bank of Toronto v. Roeder, 1921 CanLII 106 (SK CA):
Polak v. Everett, supra, was not a question of laches. It was an active interference with the rights of the surety by the creditor, the creditor having released to the debtor some book debts given as security. Although these book debts were not to the amount of the debt, it was held the release of the same discharged the surety, not only to the amount of the book debts, but for the whole debt. But the question of laches of the creditor is discussed, and it is there again laid down that where the surety is entitled to relief on account of laches, he is not totally discharged, but only pro tanto.
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