Extending Limitation Period for Equalization: Duncan v. Duncan

This case deals with an Applicant’s desire to extend the limitation period for her claim for an equalization payment.  Justice Kershman identified the sole issue to be decided as whether the Applicant should be granted an extension of time to apply for an equalization of net family property.

The parties in this case are both 61 years of age and have four children, all of whom are over the age of 21.  The Applicant brought an Application in September of 2008 in which she made claims for spousal support and the equalization of net family property.

The husband was properly served with the Application, yet he provided no Answer to same.  The Applicant then brought a motion to extend the time for the division of net family property and spousal support in December of 2009.

Once again, the husband was properly served and failed to respond to the motion.

Read More