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.
