A.R. Rowsell

The applicant commenced an action for a constructive trust over a property owned by his deceased common-law spouse.

The respondent estate brought a motion for summary judgment to dismiss the application, arguing it was statute-barred by the two-year limitation period under the Trustee Act.

The applicant brought a cross-motion to add the estate beneficiaries as parties.

The court dismissed the estate's motion, finding that a claim for a constructive trust over real property is governed by the 10-year limitation period under the Real Property Limitations Act, not the Trustee Act.

The court also dismissed the applicant's motion to add the beneficiaries, finding it unnecessary at this stage.

The parties separated after a seven-year marriage during which the applicant stayed home to care for their two children while the respondent worked as a police officer.

At trial, the court determined the applicant's entitlement to retroactive and ongoing spousal support, as well as retroactive child support.

The court found a strong compensatory claim for spousal support and ordered the respondent to pay $1,550 per month, subject to a review in five years to assess the applicant's progress toward self-sufficiency.

The court also calculated retroactive support arrears, crediting the respondent for certain expenses paid post-separation, resulting in a net retroactive payment of $9,764.70.