As has been already pointed out a mortgagee is entitled to bring an action for foreclosure or sale even though the mortgagor is in default only in respect of an instalment of principal or interest, provided the default is a breach of the proviso for reconveyance or defeasance and therefore causes forfeiture at law (k).

It is, however, provided in Ontario by rule 485, as follows: 485.- (1) In an action for foreclosure or sale, or for recovery of possession of any mortgaged property for default in the payment of interest, or of an instalment of the principal, the defendant may, before judgment or after judgment, but before sale or final foreclosure or recovery of possession of the mortgaged property, move to stay the action upon payment of the amount then due for principal, interest and costs.

(2) Any action so stayed may upon subsequent default in the payment of a further instalment of the principal, or of interest, be proceeded with by leave of the court.

In order to take advantage of the rule the defendant need not pay a fractional part of an instalment of interest. It is sufficient if he pays the interest up to the last gale day (I).

The opinion has been expressed that the rule entitles the mortgagor to relief from the effect of an acceleration clause (m), but it seems clear that if the whole of the mortgage money has become due by virtue of an acceleration clause, the defendant is not entitled to relief under rule 485, upon payment merely of the overdue instalment or instalments and costs, because the "amount then due" would be the whole of the mortgage money, but the defendant may be entitled to relief under the terms of the acceleration clause itself (n).

(k) Sec. 231, supra.

(l) Strachan v. Murney, 1858, 6 Gr. 378.

(m) Gemmell v. Burn, 1878, 7 O.P.R. 381; cf. Knapp v. Cameron, 1858, 6 Gr. 559; sed vide Tylee v. Hinton, 1878, 3 O.A.R. 53, at pp. 59, 60.

(n) National Trust Co. v. Campbell, 1908, 17 M.R. 587. In this case the defendant was held entitled to relief under a provision of the

Rule 485 does not apply to an action upon the covenant only (o) or to proceedings under a power of sale, though in either case the mortgagor may be entitled to relief under the terms of the acceleration clause (p).