What authority does the court have to grant equitable relief against forfeiture?
British Columbia, Canada
The following excerpt is from Stene v White Castle Ventures Inc., 2020 BCSC 1134 (CanLII):
The leading authority relating to the court’s discretion to grant equitable relief against forfeiture remains Saskatchewan River Bungalows v. Maritime Life, 1994 CanLII 100 (SCC), [1994] 2 S.C.R. 490. The decision sets out factors that should be considered when exercising discretion to grant relief from forfeiture (they are not all required in any given case): 1. the conduct of the applicant, was it reasonable; 2. the gravity of the breaches; was the forfeiture to secure payment; and 3. the disparity between the value of the property forfeited and the damage caused by the breach to the vendor.
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