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Ontario court rules Trustee Act limitation period overrides Limitations Act

Thursday, June 08, 2017 @ 12:53 PM | By Amanda Jerome

The Ontario Court of Appeal has determined that the limitation period under the Trustee Act applies over the Limitations Act in a case involving a cross-claim against a deceased’s estate.

Matthew Sammon, Lenczner SlaghtIn Levesque v. Crampton Estate 2017 ONCA 455, released June 5, the court had to determine which limitation period applies when one joint tortfeasor has passed away and the other tortfeasor brings a claim for indemnity against the deceased’s estate.

The plaintiff, Raymond Levesque Jr., alleges he was sexually assaulted in 1976, when he was 12...