The plaintiff moved to consolidate a 2024 civil action with a related 2016 action arising from the same land transaction and alleged sale of property without accounting to an asserted one-third beneficiary.
The opposing defendants cross-moved for summary judgment on a limitations defence and for security for costs.
The court held that the Real Property Limitations Act, rather than the Limitations Act, 2002, governed the trust and land-based claim, with the result that the action was not statute barred.
The court further held that both actions involved the same property, overlapping parties, and common issues regarding the sale proceeds, making a joint hearing in the interests of justice.
Summary judgment and security for costs were dismissed, and costs were awarded against the moving defendants on the cross-motion.
