Limitation Periods in Will Challenges

This Lunch and Learn seminar will address limitation periods in Will challenges. Is there a limitation period to challenge a Will? How long is it? What happens if it is missed?

Limitation Periods in Will Challenges

This program is eligible for CPD hours required of Lawyers.
This program is eligible for CPD hours required of Lawyers.
Limitation Periods in Will Challenges

Overview

This Lunch and Learn seminar will address limitation periods in Will challenges. Is there a limitation period to challenge a Will? How long is it? What happens if it is missed?

The key factor that determines whether the 2 year limitation period prescribed in the Limitations Act applies to a Will challenge is whether the applicant seeks consequential relief or declaratory relief. Consequential relief includes orders for damages, support, or injunctions. In these cases, the 2 year limitation period applies. If the applicant seeks declaratory relief, then, arguably, there is no limitation period.

The distinction between whether relief sought is consequential or declaratory is nuanced, and often the subject of litigation. The Court is aware that applicants may try to frame a request for consequential relief as a request for declaratory relief to prevent their application from being statute barred by the Limitations Act. The Court is also aware that declaratory relief can have consequences, such as the interpretation of a Will disinheriting a party that thought they were a beneficiary.

Topic include:

  • Differences between consequential relief and declaratory relief
  • Case law review of Piekut v. Romoli and Bristol v. Bristol
  • Considerations for drafting solicitors

Discussion Materials

Main Paper

Session Recording

In the Media

This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on June 1, 2023.

Presenters

Partner, Wagner Sidlofsky LLP

david-wagner

Past Associate, Wagner Sidlofsky LLP

Harkirt Singh Dhadda

Gold Sponsors

b'nai brith canada
Wagner Sidlofsky LLP
Toronto Dominion Bank

Silver Sponsors

Bank of Montreal - Trust and Estate Services
Gold Sponsors
b'nai brith canada
Wagner Sidlofsky LLP
Toronto Dominion Bank
Silver Sponsors
Bank of Montreal - Trust and Estate Services

David Wagner

Partner, Wagner Sidlofsky LLP

David practices exclusively in commercial and estate litigation. He appears regularly on behalf of clients in shareholder disputes, oppression remedies, contractual disputes and torts. In the context of estate litigation fights, David routinely is involved in Will Challenges, executor and accounting disputes.

Harkirt Singh Dhadda

Past Associate, Wagner Sidlofsky LLP

Harkirt was an associate in the Firm’s Estate and Commercial Litigation Groups. Prior to joining the Firm, Harkirt articled at a full-service litigation firm in Toronto where he focused primarily on commercial litigation matters.