Legal Blog

Objection to Passing of Accounts: Court Addresses Limitations, Laches, and Acquiescence Arguments in Motion to Strike Notice of Objection

Wall Estate 2018 Ont SCJ

The beneficiary of an estate obtained an order in January 2015 for the estate trustee to pass his accounts from the date of death in 2005 until his removal as executor. He did so and, in June 2015, the beneficiary filed an objection to the accounts. The estate trustee argued that the notice of objection was a claim and that all but the last 2 years were proscribed by way of the Limitations Act. The judge noted that in Armitage, the Court of Appeal held that an application to pass accounts was not a “claim.” The motions judge held that if an application to pass accounts was not a claim, then an objection to the passing of accounts was also not a claim. The judge therefore held that there was no limitations problem and, further, that there was no acquiescence or laches.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.