What is the limitation period for a plaintiff's claim that the sale price of a property was below market value when it was originally agreed to be at the time of the Minutes of Settlement?
Ontario, Canada
The following excerpt is from Uton Anthony Moodie v. Rayon Alanzo Moodie, 2013 ONSC 4481 (CanLII):
The plaintiff’s action was commenced on July 12, 2012. Minutes of Settlement were signed on July 7, 2010 and referred to the sale price for the amount it was eventually sold. The plaintiff now claims the sale was below market value. As at the date of the Minutes of Settlement, the plaintiff knew that the property would be sold and any rental income would be lost. The limitation period for this claim expired prior to the commencement of the action. Upon a finding that the applicable limitation period has expired (as in this case), an action must be struck as disclosing no reasonable cause of action (Sedore v. Fleming [2010], O.J. No. 1303).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a property has been valued at a fair value after the date of a valuation date, can the value of the property change from its original valuation date to its current value? (Ontario, Canada)
If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period? (Ontario, Canada)
What is the limitation period for a claim of discrimination against a plaintiff in a civil case? (Ontario, Canada)
Can a plaintiff amend its Statement of Claim against Gowlings to allege a new cause of action after the expiry of the limitation period? (Ontario, Canada)
Does the limitation period for damage caused by defective wiring in a car constitute a limitation period under the Highway Traffic Act? (Ontario, Canada)
Does a rolling limitation period apply to a claim for periodic payments? (Ontario, Canada)
Can a plaintiff's pleadings be amended to add plaintiffs after the expiry of the limitation period? (Ontario, Canada)
What is the limitation period for a plaintiff to claim damages under s. 44(7) of the Municipal Act, 2001? (Ontario, Canada)
Is there any case law where a plaintiff’s solicitor failed to file a statement of claim until after the expiration of the limitation period? (Ontario, Canada)
What is the limitation period for commencing a claim in a claim? (Ontario, Canada)
