When is the deadline for survival of actions by or against an estate - two years from death?
The catalogue records a 2 years period from The death of the deceased. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 years
- Trigger
- The death of the deceased
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- NONE. There is no judicial power to extend and, unlike the Limitations Act, 2002 basic period, no discovery rule governs the running of this period: it runs from the date of death whether or not the claim has been discovered.
- Added on verification: one of the most dangerous omissions possible in an Ontario catalogue. Section 38(3) is an accrual-based hard bar running from the DATE OF DEATH, not from discovery, and it caps both a claim by an estate for a tort to the deceased and a claim against an estate for a wrong committed by the deceased. It sits outside the Limitations Act, 2002 discovery regime, so a claim can be extinguished under s 38(3) while the s 4 basic period is still running. Libel and slander are excluded from s 38 entirely. Dependants' claims under Part V of the Family Law Act are not claims 'under this section' and are governed separately. Being a statutory period, computation is governed by Legislation Act, 2006, s 89, not by RCP r 3.01.