Fallow Gould LLPKingston, ON · October 18, 2025When Does the Limitation Clock Start on a Will Challenge?
Court of Appeal Clarifies “Discovery” in Shannon v. Hrabovsky ( 2024 ONCA 120 ) By David P. Gould, Fallow Gould LLP — Estates Litigation For almost a decade, Ontario courts have treated will challenges as claims subject to the two-year limitation period in section 4 of the Limitations Act, 2002 . The Court of Appeal’s decision in Shannon v. Hrabovsky , 2024 ONCA 120 , clarifies when that clock begins to run. The Court confirmed that knowing a will exists is not enough; what matters is...
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