What defences are available against this claim?
Saskatchewan, Canada
The following excerpt is from Gottselig Estate v Gottselig, 2014 SKQB 20 (CanLII):
The respondent also submits that this claim should be dismissed based on the equitable doctrines of laches and acquiescence. As noted by Wilkinson J. in Marshall v. Marshall Estate, supra, those defences are available even in relation to a claim pursuant to an express trust, and despite the fact that statutory limitation periods do not apply to such claims. That is equally so in relation to a claim based on a constructive or resulting trust.
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