BENSON & BENSON

In *Benson & Benson*, heard before Gill J, the wife sought leave to commence spousal maintenance proceedings out of time. The respondent husband had not raised the question of leave in a timely manner.

The central legal issue before the court was whether to grant the wife leave to commence spousal maintenance proceedings notwithstanding the expiry of the usual time limits. This required the court to consider the implications of the respondent's delay in raising the issue of time limits.

Gill J granted the wife leave to commence spousal maintenance proceedings. The court's reasoning, though not detailed in the provided text, implicitly acknowledged that the respondent's failure to raise the leave question promptly weighed in favour of granting the wife permission to proceed with her claim. The specific form of the order was subject to the formal entry of the order in the Court’s records.