Written by: Dina Nikseresht
Case comment: Tessaro v. Gora, 2025 ONSC 198
The Ontario Superior Court’s decision in Tessaro v. Gora¹ highlights the application of the ultimate limitation period on matters dealing with professional negligence in will drafting.
Case Background
In 1991, Leopold Ryczkowski retained the defendant lawyer to draft his will. The will names Leopold’s three sisters – Monica, Irene, and Virginia – as equal beneficiaries. Monica predeceased Leopold, leaving behind her two daughters, who are the plaintiffs in this case. When Leopold passed away in 2018, an ambiguity in the will’s language led to uncertainty as to whether Monica’s daughters would receive their mothers share, or whether Monica’s share would be distributed amongst the surviving sisters, Irene and Virginia.
While the family settled their inheritance outside of court, they proceeded with a claim against the drafting lawyer for his professional negligence in will drafting. The defendant lawyer sought to dismiss the claim on the basis that it was barred by the 15-year ultimate limitation period under Ontario’s Limitation Act, 2002.
Court’s Decisions
The 15-year ultimate limitation period runs 15 years from the date of the alleged act or omission. Since the will was drafted in 1991, the limitation period expired in 2006, long before the plaintiffs discovered the error in 2018. As a result, the court ruled in favour of the defendant, as the claim was found to be time-barred.
The court emphasized that the ultimate limitation period is designed to provide finality and certainty, even if is results in unfair outcomes. It acknowledged the inherent unfairness of barring claims when the harm was not discoverable within the limitation period but stressed that changes to this framework would require legislative action. The role of the court, as noted, is to interpret and apply the statute as written, not to modify it.
Conclusion
Tessaro v Gora reinforces the important of vigilance in professional drafting and serves as a reminder of the rigid application of the limitation periods. For legal professionals, this case demonstrates the need for precision in drafting wills. For individuals, it highlights the importance of reviewing estate plans to avoid unintended outcomes. Errors in legal documents can have lasting effects for decades, making proactive legal planning essential for both lawyer and testators.
1 Tessaro v. Gora, 2025 ONSC 198
