Moody Estate, Re 2011 ABQB 222
Limitation of Actions - Actions in contract - Actions for debt - General
Moody died on December 3, 2005, leaving four adult children. Pursuant to Moody’s will two of her children, James and Tyrell, were appointed executors of the estate. It was alleged that, during her lifetime, Moody made loans to her son, Charles. The loans were alleged to have been made between 1977 and 2005. Following the deceased’s death, the executors sought payment of the loans. James moved to determine the following issues: first, were the alleged debts barred by the Limitations Act?; second, if the alleged debts were not statute-barred, was there a further limitation period within which the personal representatives had to commence proceedings to enforce them?; and third, if the alleged debts were statute-barred, could the personal representatives nevertheless take them into account in distributing the estate pursuant to the so-called rule in Cherry v. Boultbee, (L.C. 1839)?
The Alberta Court of Queen’s Bench determined the issues.
