The applicant, Carol Lundy, sought an order to extend the limitation periods under the Family Law Act (FLA) to file an election and equalization application, suspend estate distribution, and have the estate pay for expert valuations.
The motion was brought more than six months after the deceased's death, past the statutory deadline.
The respondent, Sean Lundy (son and co-executor), opposed the extension, arguing Carol's delay was not in good faith and would cause substantial prejudice.
The court dismissed Carol's motion, finding she failed to demonstrate good faith in her delay, having had access to financial information, acted as co-estate trustee, accepted gifts under the will, and tacitly acquiesced in the distribution of company shares.
The court also noted some prejudice to Sean due to the partial distribution of the estate.
