Camarata, Personally and as Executor and Trustee of the Estate of Camarata, Deceased, et al. v. Morgan et al. (Court of Appeal for Ontario, Doherty, Weiler and MacFarland JJ.A. January 19, 2009)
– The deceased sustained serious injuries when he was struck by a fire truck, and died several months later.
-The deceased’s estate commenced an action for damages for injuries arising from
a motor vehicle accident. The action was commenced more than two years after the date of the accident but within two years of the date of death.
-On a motion by the defendants for summary judgment dismissing the action, the motion judge found that the two-year limitation period in s. 4 of the Limitations Act ran from the date of the accident and not from the date of death. The action was dismissed.
-The estate appealed the dismissal, relying on s. 38(1) of the Trustee Act and s. 267.5(5) of the Insurance Act. And, the estate’s appeal was dismissed as well.
