PROCEEDINGS - Appeals and judicial review

Law360 Canada ( March 27, 2026, 9:54 AM EDT) -- Appeal by executor of the estate of Dr. Gersten from a decision striking the estate’s claim against Melody Weimer as statute‑barred under the Limitations Act. After Dr. Gersten’s death, a dispute arose among beneficiaries regarding Weimer’s entitlement under the will. The parties settled that Weimer would receive the RRSP and assume the associated tax liability, and she would give up her residual‑beneficiary claim. The Court of King’s Bench declared the settlement binding and ordered the estate to transfer the RRSP proceeds, but the judgment did not specify how to calculate the tax liability or impose a payment deadline. After receiving the RRSP, Weimer attempted to confirm the tax amount so she could pay it, but the executor did not provide the necessary documentation. She advised the executor she would rely on the limitation period if the estate delayed commencing an action. The executor demanded $325,406, plus executor’s fees, and followed up with correspondence from Canada Revenue Agency estimating the tax. The estate commenced its action seeking the tax amount Weimer agreed to pay under the settlement. Weimer applied to strike the claim as statute‑barred, arguing the limitation period began no later than the Oct. 20, 2020, demand. The judge agreed, finding the obligation akin to a demand obligation and concluding the limitation period began on the date of the demand. The executor appealed, arguing the judge erred by treating the demand date as the date of default. He also argued the judge failed to recognize her inherent authority to order compliance with the settlement....
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