Does the mandatory term “shall” apply to corollary relief actions in divorce actions?
Alberta, Canada
The following excerpt is from Thompson v. Thompson, 2007 ABQB 715 (CanLII):
Rule 244.1 uses the mandatory term ‘shall’. However, it is silent with respect to its applicability to divorce actions. The Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) does not prescribe a limitation period for a corollary relief proceeding for spousal or child support. Courts have noted from time to time this absence of a limitation period with respect to a divorce action and claims for corollary relief. See for example Vertes J.'s comments in Rowe v. Rowe, [2007] N.W.T.J. No. 83, 2007 NWTSC 78 (CanLII) at para. 16.
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