The applicant spouse sought an extension of time under s. 2(8) of the Family Law Act to file an election for equalization of net family property following the death of her husband.
The application was brought after the six‑month limitation period had expired, largely due to delays in obtaining the deceased’s will and financial information from the estate trustee.
The respondent argued there were no apparent grounds for relief because the deceased allegedly had negative net family property.
The court held that conflicting calculations of the estate, questions regarding a mortgage transaction executed without the spouse’s consent, and potential remedies under s. 5(6) of the Act established apparent grounds for relief.
Finding the delay occurred in good faith and that no substantial prejudice resulted, the court granted the extension of time.
