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.
