Can an action commenced within the limitation period by an administrator ad litem be cured?
Alberta, Canada
The following excerpt is from Fiebich v. Ortlieb, 2004 ABCA 256 (CanLII):
In Stout Estate v. Golinowski Estate this Court held that an action commenced within the limitation period on behalf of an estate by an administrator ad litem appointed for that purpose by a court order was not a nullity but merely an irregularity. It could be cured by amendment of the style of cause outside the limitation period to substitute the duly appointed administrator of the estate.
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