An applicant for extension of time to bring a family provision claim who has been advised of the time limitation, whose delay is explained by speculative commercial negotiations rather than genuine impediments, and who has received substantial inter vivos gifts and a life interest with indexed income under the will, is unlikely to obtain an extension of time. The strength of the substantive case remains an important consideration on the extension application, and where the factual matrix is largely uncontested, the court may assess the merits in some depth.
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