In Levesque v. Crampton Estate, 2017 ONCA 455, the Court of Appeal for Ontario resolved that theTrustee Act supersedes the Limitations Act, 2002 when both limitation periods apply. Because section 38(3) of the Trustee Act is set out in the Schedule to the Limitations Act, 2002 it prevails in the event of a conflict.
This case concerned a crossclaim by a tortfeasor against the estate of a deceased wrongdoer for contribution and indemnity. The estate brought a motion to dismiss the crossclaim under section 38(3) of the Trustee Act. Section 38(3) establishes an absolute limitation period of two-years starting from the death of the wrongdoer.