What factors are considered by the Court in determining notice of a claim?
New Brunswick, Canada
The following excerpt is from Betts v. Betts, 2015 NBQB 19 (CanLII):
I turn to the factor of “notice”, which concerns itself with “the reasons for any delay” by the other spouse in seeking appropriate support. The concern is to place “proper incentives on the applicant to proceed with his or her claims promptly”, in this case the wife. What is to be avoided is uncertainty in legal obligations: “the possibility of an order that reaches back into the past makes it more difficult to plan one’s affairs and a sizeable “retroactive” award for which the payor did not plan may impose financial hardship” (Kerr v. Baranow, ibid, at para. 209).
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