Enone Rosas is a lucky lady. First, Ms. Rosas moved to Canada
from the Philippines in 1990 and became friends with Mr. and Mrs.
Toca. Positive luck but it gets better. Ms. Rosas won the lottery!
$4.163 million to be precise. Generous person that she is, she lent
$600,000 to Mrs. Toca to buy a house.
But when Mrs. Toca was to pay it back a year later, she
couldn't (or didn't want to) and so they agreed on
"next year". None of this of course was in writing. Just
a friendly discussion over some coffee. This pattern went on for 7
years until Ms. Rosas woke up, realized she was being played and
decided to sue.
The law, as found by the trial judge, was that the request to
extend (and the corresponding agreement to forbear making a claim)
involved no consideration for the modification of the loan contract
(the time for repayment). It was simply a voluntary abstention from
making a claim. That being the case the limitations period had long
expired and Ms. Rosas was out of
