Does the applicant have any knowledge to make a claim?

[8] It is not clear from the applicant’s answer whether she did not know to make a claim; whether she was not able, in law, to make a claim; or whether she chose not to make a claim. What is clear is that the applicant knew to retain a solicitor to claim relief available to her from the breakdown of her first marriage. Furthermore, her previous experience in retaining a solicitor to defend her in a charge of impaired driving, as well as her decision to explore a possible claim for injuries from a “slip and fall accident”, clearly indicate her awareness to make inquiries about her rights. Lastly, any hope of the applicant’s establishing that the delay incurred in “good faith” was nullified by the applicant’s decision, without a reasonable explanation, to issue the application almost a full year after an interview with her lawyer to discuss the legal remedies available to her. Although that delay cannot be characterized as intentional, or the result of wilful blindness, nevertheless, I find that her lack of good faith is demonstrated by her indifference to and careless disregard for her obligation, as suggested by the limitation period, to act with reasonable dispatch to pursue her rights and to bring them to a conclusion. As stated by Justice Salhany in Busch v. Amos, supra, at page 40: