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Limitations Act - Incapable Persons [s.7]

. Lee v Ponte

In (Ont CA, 2018) the court here considered whether time runs against a dead person, it does:
[3] 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.

[6] 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.

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