Exception For Incapable Persons Cannot Be Used To Extend Time For Estate Trustees

The Ontario Court of Appeal confirmed in Lee v. Ponte that s. 7 of the Limitations Act does not apply to extend the time within which an estate trustee can bring a claim that the deceased person had before death.

In 2007, Lee, the deceased, had loaned the respondent $55,000.00 secured by a promissory note payable on demand or upon the sale of a specified piece of property, whichever occurred first. The trial judge found that the property had been sold and that Lee had discovered this on June 6, 2013. The limitation period began running at this time. Lee's estate trustee made a demand in May 2015 and then commenced an action on July 17, 2015 for the loan. The motion judge found the action was statute barred.