Achtem v. Boese

JurisdictionOntario
JudgeHuscroft, Nordheimer and Harvison Young JJ.A.
Docket NumberC68744
Date04 May 2021
Citation2021 ONCA 284
CourtCourt of Appeal (Ontario)

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4 practice notes
  • Court Of Appeal Summaries (May 3-7, 2021)
    • Canada
    • Mondaq Canada
    • May 10, 2021
    ...an enjoyable weekend. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions Achtem v. Boese, 2021 ONCA 284 Keywords: Debtor-Creditor, Civil Procedure, Judgments, Enforcement, Writs of Seizure and Sale, Rules of Civil Procedure, Rule 60.07(2), Rule 60.0......
  • Robert R NG v Hao Ji Tang, formerly known as JOSEPH HOKAI TANG,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 15, 2025
    ...the court may conclude that the plaintiff has not waived its rights or acquiesced in non-payment of the judgment. See Achtem v Boese, 2021 ONCA 284 at paras 4, 9, citing Royal Bank of Canada v Correia, 2006 CanLII 26976 (ONSC) at para 6; Bank of Montreal v Adams, 2024 ONSC 2773 at para 26 T......
  • MCAP Service Corp. v. Sivabalan,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 22, 2023
    ...have elapsed from the date of the original order.  In such a motion, as the Court of Appeal for Ontario stated in Achtem v. Boese, 2021 ONCA 284, “it would be a rare case where the party seeking leave is unable to meet the test by sufficiently explaining the delay” (citin......
  • The Bank of Nova Scotia v Arnold,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 16, 2025
    ...and filed no responding material. 7 The evidentiary threshold of providing an explanation for the delay is a low one. Achtem v. Boese, 2021 ONCA 284 at para 8 Delay is but one factor to be considered in determining whether leave under rule 60.07(2) should be granted. It is relevant to the i......
3 cases
  • Robert R NG v Hao Ji Tang, formerly known as JOSEPH HOKAI TANG
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • August 15, 2025
    ...the court may conclude that the plaintiff has not waived its rights or acquiesced in non-payment of the judgment. See Achtem v Boese, 2021 ONCA 284 at paras 4, 9, citing Royal Bank of Canada v Correia, 2006 CanLII 26976 (ONSC) at para 6; Bank of Montreal v Adams, 2024 ONSC 2773 at para 26 T......
  • MCAP Service Corp. v. Sivabalan
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • February 22, 2023
    ...have elapsed from the date of the original order.  In such a motion, as the Court of Appeal for Ontario stated in Achtem v. Boese, 2021 ONCA 284, “it would be a rare case where the party seeking leave is unable to meet the test by sufficiently explaining the delay” (citin......
  • The Bank of Nova Scotia v Arnold
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • April 16, 2025
    ...and filed no responding material. 7 The evidentiary threshold of providing an explanation for the delay is a low one. Achtem v. Boese, 2021 ONCA 284 at para 8 Delay is but one factor to be considered in determining whether leave under rule 60.07(2) should be granted. It is relevant to the i......
1 firm's commentaries
  • Court Of Appeal Summaries (May 3-7, 2021)
    • Canada
    • Mondaq Canada
    • May 10, 2021
    ...an enjoyable weekend. John Polyzogopoulos Blaney McMurtry LLP 416.593.2953 Email Table of Contents Civil Decisions Achtem v. Boese, 2021 ONCA 284 Keywords: Debtor-Creditor, Civil Procedure, Judgments, Enforcement, Writs of Seizure and Sale, Rules of Civil Procedure, Rule 60.07(2), Rule 60.0......