What is the test for establishing that the delay in making a divorce application was incurred in good faith?

The motions judge then turned to the “second condition … whether the delay was incurred in good faith”. The motions judge relied upon the decision in Ferguson v. Ferguson, [2007] O.J. No. 390 (Sup. Ct.), which he interpreted as requiring that the appellant establish that she had no reason to make inquiries. The motions judge found that the appellant had every reason to make inquiries after she was served with the divorce papers in 2006 and he found that “she in fact did take action”. It is unclear what action the motions judge is referring to. The motions judge then referred to the 2004 agreement and the 2008 agreement. With respect to the latter, the motions judge found that the appellant “had every reason to make inquiries as to her rights, entitlement and status given the divorce proceedings of which she was aware”. The motions judge appeared to accept the appellant’s evidence that she only learned of the divorce in 2009, but he held that she should have made inquiries when she signed the Final Agreement in July 2008. He noted that on her own evidence, the appellant was unhappy with the terms of the Final Agreement at that time. He concluded that he had “difficulty in finding that she now comes before the court in ‘good faith’”.