Does the limitation period apply to claims to land based on a resulting or constructive trust?

Ontario, Canada


The following excerpt is from Hartman Estate v. Hartfam Holdings Ltd., 2006 CanLII 266 (ON CA):

It is apparent that there is no clear, general answer to the question of whether claims to land based on resulting or constructive trust are subject to a statutory limitation period and, if so, whether the exceptions in s. 43(2) apply to all trustees who hold property by way of resulting or constructive trust. In the case at bar, however, if the statutory limitation period does apply to such claims, for the reasons already given, I am not bound to apply Taylor v. Davies. I would give a plain reading to s. 43(2) with the result that the proposed trust claims fall within the second exception.

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