The appellant appealed a decision dismissing his claims.
The Court of Appeal dismissed the appeal, agreeing with the motion judge that the constitutional issues had already been decided.
The Court held that under the current Limitations Act, fiduciary claims are subject to limitation periods as they fall under 'claims pursued in court' pursuant to section 2(1).
However, the Court noted the appellant could still pursue a claim solely for declaratory relief, which is not subject to limitations under the Act.
