The next case is Eusanio v. Janolino [1997] BCJ No. 1222, a decision of Romilly J. in chambers. In this case, the court does not find a criminal interest rate per se, but does find that the mortgage is unconscionable and unenforceable. They do, however, note that the respondent has had some benefit. The court considers the proposal put forward by the respondent and accepts it. They do perhaps what Spencer J. advised that courts should not do. The court determines what a reasonable rate of interest is, and in this case was 13 percent, based on the apparent risk of the court's perception of what the risk was in lending the money would be. The court then calculates an amount owing based on that rate, and takes into account the payments that were made.
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