The defendant, Safther Akram, brought a motion to extend the limitation period for filing a spousal election for an equalization payment under section 6(1) of the Family Law Act.
The plaintiff, Carlo Castiglione (Maria's brother and purported executor), opposed, arguing that his counsel's prior consent to an extension was unauthorized.
The court granted the extension, finding that Safther met the three-part test under section 2(8) of the Act: there were apparent grounds for relief, the delay was incurred in good faith (relying on a formal consent), and no substantial prejudice would be suffered by the estate or the plaintiff.
