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ARTICLE · 31 JULY 2025

Finality Over Fairness: A Cautionary Tale In Will Drafting, Limitation Periods

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The Ontario Superior Court's decision in Tessaro v. Gora, 2025 ONSC 198 quietly answered a long-standing question among estate planners: what happens when a decades-old drafting error is unexpectedly discovered?

CanadaReal Estate and Construction
Sanan (Sunny) Mirza
Sanan (Sunny) Mirza
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The Ontario Superior Court's decision in Tessaro v. Gora, 2025 ONSC 198 quietly answered a long-standing question among estate planners: what happens when a decades-old drafting error is unexpectedly discovered? In answering this question, Justice Fred Myers not only clarified the legal consequences of such an error but also reiterated the importance of diligent drafting in estate planning.

Overall, this case is a compelling example of how the law's demand for finality can override fairness, especially in the nuanced world of estates.

Background: The contradictory clause

This case centred around the will of Leopold Ryczkowski, drafted in November 1991 by John Leonard Zigmund Gora, a lawyer. The clause that instigated litigation purported to divide the real estate of the deceased's estate pursuant to the following terms:

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