death of Gabriel Zimmerman, when Mrs. Zimmerman found the
acknowledgments and relied on them to claim from Megapro
payment of 25 per cent of the respondents’ rents. The motion
judge concluded that the limitation period under s. 4 of the
Limitations Act, 2002, S.O. 2002, c. 24, Sch. B applied, that the
estate’s claim was statute-barred, and that s. 21(1)1 of the Act
prevented adding the estate to the proceeding.
 The motion judge added [at para. 32] that had the claim
not been statute-barred, then “it is likely that the Estate would
have been added as a party”. In making this conclusion, the
motion judge followed Molloy J.’s reasons in Ontario Federation
of Anglers and Hunters v. Ontario (Minister of Natural
Resources and Forestry) (2015), 128 O.R. (3d) 501,  O.J.
No. 6723, 2015 ONSC 7969 (S.C.J.), at paras. 10-11, regarding
adding necessary parties under rule 5.03.
 Did the motion judge err in dismissing the motion on the
basis that the estate’s claim is statute-barred?
 Section 4 is the basic limitation section of the Limitations
Act, 2002 and provides:
4. Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on
which the claim was discovered.
(1) The statement of defence already pleads the estate’s claim
 The estate argues on the appeal that even if its claim was
known in 2010, because the statement of defence pleads all
of the facts regarding the acknowledgments that it relies on, its
claim has essentially been pleaded and has therefore already
been commenced in the action before the court. For that reason,
the estate’s claim is not statute-barred, and adding the estate as
a party would not amount to commencing a new claim within
the meaning of s. 4 of the Limitations Act, 2002.
 I would not accept this argument for two reasons. First,
the estate has not commenced any proceeding or claimed any
relief. The essence of this argument amounts to invocation of the
old common law doctrine of special circumstances that no longer
1 Subsection 21(1) of the Act provides: “If a limitation period in respect of
a claim against a person has expired, the claim shall not be pursued by
adding the person as a party to any existing proceeding.”