Chen, Tyrone v Constance Cecile Alberga (Executrix of the Estate of Roderick Ivanhoe Francis, deceased) and Constance Cecile Alberga

Application to strike out statement of case-Limitation of Actions (LAA)-Simple contract-applicable limitation period-six years-ss. 3 and 46 LAA-no reasonable ground for bringing the claim-abuse of court's process-No proof of oral agreement/agreement in writing qualifying as a contract under seal, deed, specialty or obligatory writing for which the limitation period under s. 52 of the LAA is twenty years-Equitable jurisdiction of the court cannot override statute.