Graeme Ross

The plaintiff cemetery corporation brought an action against two former trustees, alleging they breached their fiduciary duties by obtaining personal benefits, including discounted grave plots, a family garden, and unbilled landscaping services.

The defendants counterclaimed for declarations validating their acquisitions and for damages.

The court found that while the defendants had breached their fiduciary duties by failing to disclose the irregular transactions to the board, the plaintiff's claims were statute-barred under the Limitations Act, 2002, as the board knew or ought to have known of the claims more than two years before commencing the action.

The plaintiff's action was dismissed, the defendants' request for declaratory relief was granted on consent, and the defendants' claims for punitive and aggravated damages were dismissed.

The plaintiffs, Reginald and Linda Cyr, sought leave to amend their statement of claim on the sixth day of a simplified rules trial to add claims for punitive and aggravated damages.

The defendant, The Cataraqui Cemetery Company, opposed the motion, arguing the amendments were statute-barred by the Limitations Act, 2002, as the underlying facts were known years prior.

The court granted leave, finding that the proposed amendments were elaborations on facts already pleaded and did not fundamentally alter the nature of the action or cause uncompensable prejudice to the defendant.