Colin McCorriston

Following the death of the respondent, the applicant brought a motion for an accounting and the return of the remaining balance of a $15,000 advance previously ordered to be paid for the respondent's legal costs.

The respondent's counsel brought a cross-motion to be removed as solicitor of record, citing the loss of an instructing client and concerns over solicitor-client confidentiality regarding the accounting.

The court granted both motions, ordering the counsel to provide an accounting with permitted redactions for privilege, return any surplus funds, and removing him as counsel of record.

The applicant sought an extension of time to bring an application for an equalization payment under the Family Law Act, and a declaration that his equitable claims based on unjust enrichment and trust doctrines were within the applicable limitation periods.

The respondent opposed, arguing the applicant failed to meet the good faith requirement for an extension and that equitable claims were time-barred by a two-year limitation period.

The court granted the extension, finding the applicant acted in good faith by prioritizing family needs and being deterred by the respondent's conduct, and declared the equitable claims were subject to a ten-year limitation period under the Real Property Limitations Act, not the two-year period under the Limitations Act, 2002.