“The motions judge dealt with this first condition as follows [at p. 391 R.F.L.]:
Section 2(8) of the Act sets out three conditions which must be met before a Court will exercise its discretion to extend the limitation period. The first is whether there are apparent grounds for relief. Based on the materials filed on this motion, I am satisfied that this threshold has been met. Mr. Scherer has attested to several reasons why he did not assert this claim prior to the expiration of the limitation period.
(Emphasis added)
It appears from these reasons that the motions judge was of the view that the first condition under s. 2(8)(a) established an initial “threshold” that required the moving party to show apparent grounds for obtaining an extension of time. However, the “relief” under s. 2(8)(a) (and under s. 2(8) (b)) is not referable to the extension of time sought by the moving party on the motion but to the relief sought on the prescribed claim. The “relief” in question here is the equalization payment sought by the appellant in his Counterpetition. It is incumbent upon the appellant to show that he has apparent grounds for making that claim.”