The applicant in a family law case claimed a constructive trust in the respondent's house arising from an alleged 13-year cohabitation.
The respondent moved for summary judgment, arguing the claim was barred by the two-year limitation period under the Limitations Act, 2002.
The court dismissed the motion, finding that a constructive trust claim for an ownership interest in land is an 'action to recover land' governed by the ten-year limitation period under s. 4 of the Real Property Limitations Act.
The court also noted that if the Real Property Limitations Act did not apply, there would be a gap in the legislative scheme for family law constructive trust claims.
