What is the legal test for renewing a writ?

Ontario, Canada


The following excerpt is from Regional Municipality Malone of Durham v Mammoon, 2021 CanLII 69976 (ON SCSM):

The use of the word “renew” or “renewed” often leads to confusion. When used in common parlance, renewing a writ for a creditor may mean the act of preserving or continuing the enforceability of a writ that has expired or is about to expire. However, under the rules, the term “renewal” has a special meaning: only unexpired writs can be “renewed.” Expired writs cannot be renewed and a new writ must be issued, which can only be done with leave of the court. Indeed, writs should not be “renewed” after their expiration, on a nunc pro tunc basis. (Colombe v. Caughell, [1985] O.J. No. 2695 (Dist. Ct.)).

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