“Where there has been a delay of twenty-four years in pursuing a claim for spousal support, there must also be a consideration of the intervening factors as well as the reasons for the delay in pursuing such a claim (see Howe v. Howe, [2012] O.J. No. 2031).
Time delay does not bar a claim for support provided that there is reason for the delay and events that have transpired since the delay (see Albert v. Albert, 2007 CanLII 29972 (ON SC), [2007] O.J. No. 2964, Osterlund-Lenahan v. Lenahan, 2014 ONSC 7074 (CanLII), [2014] O.J. No. 5828 and Norbega v. Norbega, [2007] O.J. No. 1134).
There is no requirement to demonstrate a material change in circumstances where there is an initial application for spousal support under s. 15(2) of the Divorce Act after a prior release of spousal support. The prior release is simply a factor to be considered (see Miglin, supra).
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There is no limitation period for a spouse to make a claim for spousal support; however, the courts still retain a residual discretion to dismiss an application for spousal support due to delay (see Walker v. Greer, 2003 CanLII 64331 (ON SC), [2003] O.J. no 3396).
In deciding whether to dismiss a spousal support application for delay the court will consider whether the explanation for the delay was reasonable and any blameful conduct by the payor spouse causing the delay such as failure to disclosure increased income and any prejudice to the payor spouse caused by the delay including lack of notice and any obligation the payor has assumed in the meantime (see Hillhouse v. Hillhouse, 1992 CanLII 5983 (BC CA), [1992] 43 RFL 3d 266 (BCCA), A.M. v. R.P.K., 2010 ONSC 930 (CanLII), [2010] O.J. No. 807 and Philp v. Philp, [1997] O.J. No. 3415 Ontario General Division).”