Limitations - Deceased Plaintiff and Time
Lee v Ponte (Ont CA, 2018)
The court here considered whether time runs against a dead person, it does:
 On appeal, the appellant submits that s. 7 of the Limitations Act applies to extend the limitation period by six months for the estate trustee’s action. Section 7(1) of the Limitations Act provides:
7 (1) The limitation period established by section 4 does not run during any time in which the person with the claim,....
(a) is incapable of commencing a proceeding in respect of the claim because of his or her physical, mental or psychological condition; and
(b) is not represented by a litigation guardian in relation to the claim.
 We are not persuaded the motion judge erred by dismissing the claim as statute barred. The grammatical and ordinary sense of the words of s. 7 are simply not elastic enough to apply to a deceased person and to construe an estate trustee to be a litigation guardian.