What is the effect of Rand J. in the Turta case on limitation limitation?

It is to be noted that the position taken by Rand J. at that time does not appear to have been followed by the majority of the court, who indeed took the view that the action in Turta was just such an action and, by so finding, avoided the problem of a six-year limitation. However, Rand J.’s statement was subsequently applied by Martland J. in Kaup v. Imperial Oil, 1962 CanLII 49 (SCC), [1962] S.C.R. 170, 37 W.W.R. 193, 32 D.L.R. (2d) 38. In the circumstances of that case Martland J. found that the views expressed by Rand J. in the Turta case were applicable, i.e., that the action in that case was not to recover land but to have the registrar’s entries expunged and for a declaration of the plaintiff’s interest.