The motion judge erred by dismissing the appellant’s request to dismiss the application based on breach of court orders. Motion judge said that appellant should have brought a specific motion for alleged non-compliance.  This was incorrect. The motion judge erred by granting an extension of time to bring the application.

The motion judge erred in the interpretation of the divorce agreement since the agreement was intended to achieve a complete resolution of their affairs.

Both grounds of appeal were allowed. The order was set aside. The motion for extension of time is dismissed. The equalization claim is statute-barred and cannot proceed.