S. Kirwin

The defendant, the surviving spouse of the deceased, brought a motion to extend the limitation period to file a spousal election for an equalization payment under section 6(1) of the Family Law Act.

The plaintiff, the deceased's brother and purported executor, opposed the extension.

The court applied the three-part test under section 2(8) of the Family Law Act and found that there were apparent grounds for relief, the delay was incurred in good faith due to reliance on a prior consent, and no substantial prejudice would result.

The motion was granted, allowing the defendant 60 days to file the election.

The plaintiff was catastrophically injured when she lost control of her vehicle on a snow-covered and icy municipal road, crossing the centre line and colliding with an oncoming vehicle.

The plaintiff sued the municipality for failing to keep the road in a reasonable state of repair.

The Superior Court of Justice found that the municipality was in the midst of a winter weather event but failed to adequately treat the road, leaving it unplowed and subject to refreezing for several hours.

The court held that the road was in a state of non-repair, which caused the collision, and that the municipality failed to establish any statutory defences under the Municipal Act.

The plaintiff was found not to be contributorily negligent, and the municipality was held fully liable for the agreed-upon damages.