The defendants, a real estate agent and his brokerage, brought a motion under r. 21.01(1)(a) of the Rules of Civil Procedure to dismiss the plaintiff estate trustee's action as statute-barred under s. 38(3) of the Trustee Act or s. 4 of the Limitations Act, 2002.
The action alleged that the defendants conspired to purchase property from a cognitively impaired deceased at below fair market value.
The court found the claim was statute-barred under the Trustee Act's strict two-year period and that fraudulent concealment could not toll the limitation because no concealment occurred after the deceased's death.
However, the court held that the limitation period was suspended under s. 7 of the Limitations Act, 2002 due to the deceased's alleged incapacity, and dismissed the motion.
