The applicant wife sought leave to amend her pleadings for a second time to include a constructive trust claim on the matrimonial home.
This motion was brought late in the litigation process, after the respondent husband had already agreed not to rely on separation agreements for trial.
The court dismissed the applicant's motion, finding that allowing the amendment would cause significant, non-compensable prejudice to the respondent due to the late stage of litigation, the need for additional facts and disclosure, and the inevitable delay of the trial.
The court emphasized the importance of fair notice and diligent pursuit of claims under the Family Law Rules.
