Newell v. Bank of Nova Scotia Trust Company

Decided: 2026-10-27. Docket: COA-25-CV-1482. Citation: 2026 ONCA 757 (CanLII). Procedure — Contempt — Rules of Civil Procedure, r. 60.11 — Contempt order cannot be obtained for payment of money — Whether alleged failure to distribute funds is “the payment of money” — Claim framed as an “act to release funds” rejected — r. 60.11 applied as dispositive — Appeal dismissed | Limitation periods — Limitations Act, 2002 — Expiry of limitation period — Whether a two-year limitation period applies to the action — Motion to dismiss based on expired limitation period — Limitation argument raised but not addressed given r. 60.11 finding — Appeal dismissed | Procedure — Abuse of process — Collateral attack — Whether contempt claim is a collateral attack on an order directing payment of estate residue —