Ross Nasseri LLP congratulates Anna Madsen on a victory she secured for our client in Bitton v. Moyal, 2026 ONSC 4109, a decision released on July 14, 2026, by Justice B. Dietrich of the Ontario Superior Court of Justice.
The case arises from our client’s challenge to the purported last will and testament of his father, a real estate investor. When RN’s client sought to amend his claim and add new parties to the lawsuit, the defendants opposed, arguing that the claims were barred by Ontario’s two-year limitation period under the Limitations Act, 2002.
The Court granted our client’s motion in its entirety with costs of $56,470 in our client’s favour. The Court found that:
- The proposed amendments against the existing defendants did not constitute new causes of action but rather sought additional relief arising from the same factual foundation already pleaded;
- Our client had an arguable case that his claims were not discoverable until after December 2023, well within the limitation period; and
- Our client provided an adequate explanation for any delay in bringing the motion, and the defendants led no evidence of actual prejudice.
Congratulations to our partner Anna Madsen, who represented the plaintiff. This result ensures that our client’s claims — including allegations of forgery, fraud, and estate mismanagement — will proceed to a full hearing on the merits. The thorough and well-written decision of the Court also provides an informative analysis on when an amendment constitutes a fresh cause of action, and how the Courts will look at discoverability in the context of will challenges.