The Second Opinion: Limitation Periods and Unjust Enrichment — Clarity and Complexity from the ONCA

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The following post by Anthony Alexander on the Canadian Appeals Monitor blog may be of interest to readers of this blog: Limitation Periods and Unjust Enrichment — Clarity and Complexity from the ONCA.

A recent ruling of the Ontario Court of Appeal, McConnell v. Huxtable, 2014 ONCA 86, provides useful clarification of two potentially complex questions — (1) The limitation period applicable to a claim for a constructive trust based on unjust enrichment, and (2) the sometimes confusing overlap between the Ontario Limitations Act, 2002 and the Ontario Real Property Limitations Act.

The appeal flowed from a family law dispute. The male appellant had owned a number of properties (held in his own name) during the time the parties were a couple. The female respondent argued that she had contributed to the acquisition and maintenance of these properties, and should be able to claim either a proprietary interest in them, or monetary compensation in lieu thereof. Read more.

2002 constructive trust land limitations Limitations Act Real Property Real Property Limitations Act restitution unjust enrichment

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