The court considered a motion by the respondent, Ms. Stephenson, to amend her answer to assert trust claims regarding the matrimonial home, more than four years after the application was commenced.
The court reviewed the procedural history, the parties' positions, and the applicable legal principles regarding amendments to pleadings, including the presumption of prejudice arising from inordinate and unexplained delay.
The court found that Ms. Stephenson failed to provide a reasonable explanation for her delay, that the amendment would cause prejudice to the applicant not compensable by costs or adjournment, and that the interests of justice required the matter to proceed to trial on the existing pleadings.
The motion to amend was dismissed.