In what circumstances will the wife be able to advance a claim to other family assets that she now seeks to litigate?
British Columbia, Canada
The following excerpt is from Martelli v. Martelli, 1983 CanLII 272 (BC CA):
Reverting to what was said in Henderson v. Henderson, in my opinion this was a case where the wife should properly have advanced a claim to the other family assets which she now seeks to litigate. There is no suggestion as to the lack of due diligence or that the subject-matter of the other assets was not known at the time of previous litigation; it is simply that for whatever reason the wife saw fit not to advance that claim. To fail to do so and to now seek to advance the claim in a subsequent action in my opinion amounts to an abuse of process.
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