The moving party brought a motion to extend the limitation period under s. 2(8) of the Family Law Act to permit him to bring a claim for an equalization payment under s. 5.
The parties separated in 2014, and the limitation period expired by May 2021.
The court found that the moving party had apparent grounds for relief, the delay was incurred in good faith as he had made regular payments toward the carrying costs of the matrimonial home and the parties had deferred discussions about a buyout, and there was no substantial prejudice to the responding party.
The motion was granted and the limitation period was extended.
