Posted by on Jul 19, 2019 in Uncategorized | 0 comments

  Family Law Limitation Periods 101 A limitation period is the maximum length of time for initiating a claim. Family cases provide a unique context for limitation periods. Lawyers and parties should be aware of the different limitation periods in family law. Missing a limitation period may result in a party being statute-barred from bringing a claim. In other words, that party will forever be denied the relief that they may have otherwise been entitled to. Under Ontario’s Limitations Act, 2002, the basic limitation period is two years. An individual has two years after the date on which she or he discovered or ought to have discovered that they had a claim to commence a court proceeding. A basic example is a motor vehicle accident in which someone is injured. The injured person has two years from the date on which she or he became injured to sue the other driver in the accident. Once the two years expire, the injured person is statute-barred from pursuing a claim relevant to that injury against the other driver. Equalization and Married Couples Under section 7(1) of Ontario’s Family Law Act, family litigants are barred from bringing a claim for equalization against their spouse/former spouse on the earliest date of the following three events: two years after the marriage is terminated by divorce or judgement of nullity; six years after they separate and there is no reasonable prospect that they will resume cohabitation; six months after the first spouse’s death. This means you cannot seek to recover your share of the net family property if any of these apply. It is also important to note that you are statute barred the moment any of the three events occur. For instance, let us assume you and your spouse are separated for two years. He/she then applies for a simple divorce and it is granted. You are then barred from bringing an equalization claim as soon as two years lapses after the divorce, even though by that point only four years have passed since your separation. Similarly, let us assume that two months after your separation your spouse dies (possibly from all the negative energy...

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