An estate trustee appealed a summary judgment dismissing a claim as statute barred under the Limitations Act, 2002.
The deceased had loaned money secured by a promissory note payable on demand or upon sale of specified property.
The trial judge found the limitation period began when the deceased became aware the property had been sold.
The estate trustee made demand in May 2015 and commenced action in July 2015, more than two years after the limitation period began.
The appellant argued that section 7 of the Limitations Act should extend the limitation period to account for the time needed for the estate trustee to review the deceased's affairs and obtain probate.
The Court of Appeal dismissed the appeal, finding that section 7 does not apply to deceased persons and that an estate trustee cannot be construed as a litigation guardian for purposes of the statute.
