Clients may be unaware of the limitation periods applicable to family law procedures. A limitation period is the maximum length of time an individual must bring forth their family law claim under a Provincial or Federal Statute or Rule. It is important for parties to be cognizant of these deadlines to ensure their claims do not become status barred.
Claims for equalization of net family property.
Pursuant to s. 7 (3) of the Family Law Act, a claim for an Equalization Payment must commence before the earliest of the following dates:
- Two years after the date of divorce is granted;
- Six years after the date of separation; or
- Six months after the first spouse’s death.
Subsection 2(8) of the Family Law Act, however, gives the court discretion to extend the limitation period for an Equalization Payment if the claimant can establish that:
- There is apparent ground for relief;
- The delay has incurred in good faith; and
- No person will suffer substantial prejudice because of the delay.
Despite this discretionary period, however, it is not an incentive to allow a claim for an Equalization Payment to expire in the hopes that you will subsequently be able to convince a court to extend it. Such requests are frequently refused.
Common-law couples may also be eligible to make a claim by means of a constructive trust claim. This is known as an equitable remedy in which the court “constructs a trust„ to the non-owner spouse based on their substantial contributions to the property throughout the relationship.
Claims for a division of pension plan credits
The Canada Pension Plan (CPP) contribution you and your partner made throughout your relationship is split equally after a divorce or separation. The Canada Pension Plan Act has no limitation period for a formally married spouse to apply for a division of pension plan credits. However, common-law partners must be separated for at least 1 year, and the applicable limitation period is 3 years to bring forth a claim.
At Blackburn Lawyers, we strive to provide efficient and effective services for every family law matter to ensure that your claims and rights are heard and attended to. If you and/or a loved one has any questions regarding an annulment, please contact our family law lawyers today.
Disclaimer: This blog sets out a variety of information relating to law that is to be used for educational purposes and is not legal advice for your matter. The author does not intend for this blog to be a source of legal advice.
Written by Adriana Totera
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
