Thiessen v. Thiessen Estate

Decided: 2026-10-13. Docket: COA-25-CV-1078. Citation: 2026 ONCA 730 (CanLII). Limitation periods — Estates claims — Trustee Act, s. 38(3) — Rule 21 motion determining applicable limitation provisions — Two-year limitation described as a strict limit and discoverability inapplicable — Claim brought more than two years after death — Limitation period held to apply to actionable wrongs of deceased — Appeal allowed | Limitation periods — Competing limitation provisions — Trustee Act and Real Property Limitations Act — Whether claim seeking 50% beneficial ownership interest is governed by Trustee Act, s. 38(3) or Real Property Limitations Act, s. 4 — Action characterized as arising from wrong for which deceased was liable — Ten-year period rejected in estates context — Claim statute-barred | L