Limitation Period for an Equalization Claim: Campbell v. Nicol, 2016 ONSC 4879

In this case, the Applicant Husband brought a motion for an order pursuant to section 2(8) of the Family Law Act (FLA), extending time to bring an application for an equalization payment pursuant to section 7(3) of the FLA. The Respondent Wife opposed the motion on the basis that the Husband was not able to satisfy the grounds in section 2(8) and that he failed to file a claim for equitable relief within two years as required under the Limitations Act.
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Appeal: Fielding v. Fielding, 2015 ONCA 901

The husband had originally co-owned the home with other partners, however, prior to the marriage, he obtained a vendor take back mortgage against the home to finance the purchase of his partners’ half interest in the home. He subsequently refinanced and replaced his original mortgage and vendor take back mortgage with a single conventional mortgage, which remained on the property at the date of marriage. Said mortgage was paid off during the marriage.
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