The plaintiff was aware of the alleged misconduct by 2019 but did not file his claim until 2023
The King's Bench for Saskatchewan struck a claim against the executor of an estate for alleged misconduct, ruling it was statute-barred under The Limitations Act.
In a recent decision, the King's Bench for Saskatchewan struck a claim against the executor of a deceased individual's estate, ruling it was statute-barred under The Limitations Act. The court found that the claim, which alleged misconduct and misappropriation of estate assets, was filed too late.
The deceased passed away in 1988, leaving a will that created a trust for the surviving spouse. The executor was responsible for administering this trust until the spouse died in 2016. With the spouse's passing, the estate's residue became available for distribution to the beneficiaries, including the plaintiff.
The plaintiff objected to the executor's handling of the estate, accusing the executor of wrongfully acquiring estate property for personal benefit and failing to provide sufficient funds for the spouse's maintenance. This led to a hearing in 2019, which was adjourned to allow the plaintiff to particularize his allegations.
Instead of returning to court, the plaintiff filed a confusing and lengthy statement of claim in April 2023, later amended in October. The claim sought $13 million in damages, additional punitive damages, and the transfer of numerous land parcels. The executor filed a defence, citing The Limitations Act and the doctrine of laches, and applied to strike the claim.
The court ruled that the claim was barred by the two-year limitation period established by The Limitations Act. Evidence showed that the plaintiff was aware of the alleged misconduct by 2019 but did not file his claim until 2023. The court found no arguable issue regarding the discoverability criteria. It noted the plaintiff's failure to file evidence countering the presumption that he knew of the alleged wrongdoing more than two years before commencing the action.
The executor's affidavit outlined his estate administration, including court-approved land sales consented to by all beneficiaries, including the plaintiff. The court approved the estate accounts in 2020 despite the plaintiff's continued objections and extensive documentation questioning the executor's actions.
The court concluded that the claim was statute-barred and could not be maintained, deeming it an abuse of process. Consequently, the claim was struck without leave to amend. The court did not address other arguments raised by the defendants, as the limitation period issue was dispositive.
