McConnell v. Huxtable

2014 ONCA 86 (CanLII); Lerners acted for the appellant in this appeal of an unsuccessful summary judgement motion concerning a constructive trust claim in the family law context. The issue in the appeal was novel: is the constructive trust claim subject to the 2-year limitation period pursuant to the Limitations Act, 2002, the 10-year limitation period pursuant to the Real Property Limitations Act, or no limitation period at all? The Ontario Court of Appeal dismissed the appeal, holding that the motion judge was correct in finding that the 10-year limitation period under the Real Property Limitations Act applied.