LIMITATION OF ACTIONS - Conflict between limitation periods - When time begins to run

Law360 Canada (May 29, 2023, 9:22 AM EDT) -- Motion by the Estate Trustee, Cynthia Stren (Cynthia), for summary judgment against a claimant of the Estate, Morrissa Amstel (Morrissa), on the grounds the claim was statute-barred. Morrissa claimed a trust and contractual interest in a property owned by the late Stephen Stren (the deceased). The claim was based on an Agreement entered into between Morrissa and the deceased on October 5, 2006. The property was purchased on October 6, 2006 for $825,000 and registered solely in the deceased’s name. The deceased died on December 23, 2012. Cynthia obtained a Certificate of Appointment of Estate Trustee Limited to Assets in the Will on October 23, 2016. The son of Cynthia and the deceased, Scott Stren (Scott), resided in the subject property since 2013 and became the owner of the Property in 2016. The Agreement specified that Morrissa did not have a beneficial, equitable or legal interest in the property. There was, however, an acknowledgement by Cynthia that Morrissa contributed $8,000 towards the cost of Land Transfer Tax on the purchase. Morrissa, who was a real estate agent at the time, also claimed that she waived her agent’s commission on the purchase and sale. Morrissa claimed a contribution to the original purchase price of $50,000. Cynthia challenged Morrissa’s contention that she contributed more than $8,000 to the Property. Morrissa commenced a claim against Cynthia and Scott in September 2013. On September 5, 2014, the claim against Cynthia was dismissed on consent by Associate Justice Haberman. The Order dismissing the claim specified that it was without prejudice to Morrissa’s right to commence a new claim against the Estate....
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