What factors militates in favour of maintaining English rule?
British Columbia, Canada
The following excerpt is from Mikulic v. Calvillo, 1986 CanLII 982 (BC SC):
What militates in favour of maintaining the English rule are these considerations: 1. Those given by the male respondent in his affidavit and similar considerations for other mortgagees with defaulting mortgagors. Those considerations are much the same as those discussed in Fitzgerald v. Mellersh, supra. 2. The respectable antiquity of the rule. Overturning rules of equity of respectable antiquity leads to an unnecessary lack of certainty.
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