Fifteen-year limitation period barred claims against lawyer for negligent will drafting: Ont. court

Court said statutory deadline ensures legal certainty and prevents indefinite liability

Fifteen-year limitation period barred claims against lawyer for negligent will drafting: Ont. court

The Ontario Superior Court of Justice dismissed two lawsuits alleging negligence in drafting a will, ruling that the claims were barred by the 15-year ultimate limitation period under Ontario's Limitations Act.

The cases stemmed from the estate of a man who passed away in 2018. He retained the defendant, John Leonard Zigmund Gora, as his lawyer to draft a will. The plaintiffs, beneficiaries of the will, alleged that Gora's drafting errors caused them to receive less than the deceased had intended. Ambiguities in the will led to a dispute over the division of the estate, which the parties ultimately resolved through a settlement.

Gora argued that the claims were filed too late and moved to dismiss the lawsuits. The court agreed, ruling that the 15-year ultimate limitation period began in 1991 when the will was drafted and expired in January 2019, months before the plaintiffs filed the lawsuits.

The Superior Court emphasized that ultimate limitation periods ensure legal certainty and prevent indefinite liability, even when claimants discover the claim after the period expires. While beneficiaries cannot act on potential claims until the testator's death, the court concluded that the statute does not provide exceptions for such scenarios.

The court recognized the challenges this legal framework poses, noting that if a testator lives more than 15 years after a lawyer negligently drafts a will, beneficiaries may lose their right to sue before the will takes effect. However, the court stressed that it is up to the legislature, not the courts, to create exceptions to the ultimate limitation period.

The plaintiffs also invoked the Trustee Act, which allows estate claims within two years of the testator's death. The court found this provision inapplicable, as the ultimate limitation period had expired before the testator's passing.

As a result, the court dismissed the claims and ordered the plaintiffs to pay Gora $30,000 in legal costs.