In Koch v. Borgatti Estate (Fed CA, 2022) the Federal Court of Appeal touched on, but did not address, the interesting issue of whether equitable relief from forfeiture applied to a procedural timeline (and further to a limitation period):
V. Other Grounds of Appeal
[82] In view of this conclusion, it is not necessary to address whether the Federal Court erred in concluding that the equitable principle of relief from forfeiture was not available or that Rule 399(2)(a) did not apply to permit the July orders to be varied to extend the time. However, my decision to not address those issues should not be interpreted as endorsing the Federal Court’s analysis or conclusions with respect to those issues.
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