What is the effect of the limitation period on a claim brought by the Respondent against him by his wife?

The respondent was well aware of the case and the nature of the claims. It was his lawyer that drafted the Final Agreement only months earlier in an attempt to deprive the appellant of her rights to equalization of net family property, support and the matrimonial home. This is the kind of case described in Deaville v. Boegeman at p. 730 where “the mere recitation of the facts and history of the case makes it clear there is no prejudice to the [respondent] and it can be inferred that he knew, within the limitation period, of the case and the nature of the claims now being made against him”. Having to deal with this litigation may well cause the respondent some hardship as attested to in his affidavit, but, in my view, this is not the kind of substantial prejudice envisaged by s. 2(8). The bald statement that he is moving on with his life and trying to do what he can for his sons, men who are adults and own 50 percent of the two companies, and his extended family provides no basis for finding that he would be substantially prejudiced by a claim brought by his wife of twenty years only four months outside the limitation period.