The applicant, Kathleen Ingram, commenced an application seeking dependant's relief under the Succession Law Reform Act and an interest in the estate via constructive/resulting trust.
The respondent, Cherise Charron, in her capacity as estate trustee, brought a motion to dismiss Ingram's claims as statute-barred.
The court found that Ingram's dependant support claim was not entirely statute-barred, as a small portion of the estate remained undistributed.
Crucially, the court held that Ingram's constructive trust claim was governed by the 10-year limitation period under the Real Property Limitations Act, not the 2-year period under the Trustee Act, following the principle of horizontal stare decisis and the Ontario Court of Appeal's decision in McConnell v. Huxtable.
Charron's motion to dismiss was dismissed.
