Law360 Canada ( April 28, 2025, 2:13 PM EDT) -- Appeal by appellant Diane Wilkinson (Diane) from chambers judge’s order dismissing her trust claims as statute barred under Limitation Act. Diane argued that the judge’s analysis reflected various errors of law. Diane Wilkinson and Elaine Chartier (Elaine) were sisters. Their parents, Ruby and Ronald, lived in a house which they owned as joint tenants (“Family Residence”). When Ronald died, Ruby became the sole registered owner of the Family Residence. Ruby’s son, James, handled her financial affairs and was granted power of attorney. James assisted Ruby in making a will, which she executed (“First Will”). It divided her estate equally between her children, or grandchildren in the event that Ruby was predeceased by any of her children. After James died, Elaine took over James’s responsibility and replaced James under the power of attorney. Ruby died in January 2017. Following Ruby’s death, Diane discovered Ruby had changed her will to leave substantially all of her estate to Elaine and also named Elaine as her executrix. Diane filed her notice of civil claim. Diane alleged her mother did not intend to transfer beneficial ownership of the property to Elaine but rather intended it to stay in the estate. Alternatively, she alleged Elaine exercised undue influence over her mother and her mother lacked capacity to execute the transfer. The chambers judge concluded that by March 2017, Diane could have drawn a plausible inference of liability on the part of Elaine in relation to the transfer of the family home based on what he characterized as the incontrovertible facts that Diane knew or ought to have known....