Limitation Period in Will Challenges

by: , October 10, 2014

Limitation periods generally aim to strike the appropriate balance between an aggrieved party’s right to seek redress and a potential defendant’s right not to remain under the cloud of litigation indefinitely. Limitation periods also address the concern that it would be unfair for a person to defend him or herself against allegations when the passage…read more

Claims Involving Land Enjoy Extended Limitation Periods

by: and , June 3, 2014

McConnell v Huxtable (ON CA) is a family law dispute with implications for estates and trust law. The parties were in a relationship from 1993 to 2007 – they were not married and did not have children together. The common law husband bought and sold two houses during the relationship and owned a third home…read more

Limitation Period for Estate Claims

by: , March 6, 2014

Cerquiera v University Health Network presents an interesting discussion of s. 38(3) of the Trustee Act, which establishes a 2-year limitation period on any action commenced by or against an estate. The Cerquiera estate sued the University Hospital for negligence in relation to the death of Mr. Cerquiera.  Mr. Cerquiera died in 2009; the action…read more

Limitation Period Precludes Motion to Set Aside Releases

by: , January 24, 2014

In the usual litigation battle, a release operates as a “shield” in the sense that if a beneficiary sues an estate trustee, the estate trustee can use the release as a defence.  In Re: Sheard, the estate trustees were able to use signed releases to preclude them from having to pass their accounts for the period…read more

When Is It Too Late To File A Notice Of Objection To The Appointment Of An Estate Trustee?

by: , August 26, 2013

In a recent case, the court had to determine if a notice of objection to the issuance of an appointment of an estate trustee could be filed after summary judgment had been granted, striking another objector’s objections as invalid and a certificate of appointment had been issued to the estate trustees. By way of background, the…read more