Law360 Canada ( January 23, 2018, 8:33 AM EST) -- Appeal by Baker from the summary dismissal of his application for an order dividing the property of his estranged spouse, Ramsdell, following Ramsdell’s death. Baker and Ramsdell married in 2006 and separated in 2010. Baker filed a divorce petition in February 2014 and noted Ramsdell in default on August 20, 2014. Ramsdell had sold the matrimonial home without Baker’s knowledge or consent on August 13, 2014. Ramsdell died intestate on October 12, 2015. In March 2016, the Public Trustee of British of Columbia was appointed as the administrator of Ramsdell’s estate and informed Baker of its intention to distribute the entirety of the estate, valued at $212,000, to Ramsdell’s two estranged adult children. Baker filed a Statement of Claim for Division of Matrimonial Property and Unjust Enrichment in May 2016. The chambers judge summarily dismissed Baker’s matrimonial property claim, having found that the application was out of time because it was filed five-and-a-half years after the parties separated. The judge determined that the claim fell because the Matrimonial Property Act (MPA) stipulated that Baker was required to file his application for a matrimonial property order within two years of separating from the deceased....