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Real Property Limitations Act – Trust Claims

Posted on January 18, 2023 | Posted in Civil Litigation, Collections, Five Liners

Studley v. Studley 2022 Ont CA

The RPLA, with its 10-year limitation period rather than the usual two-year period, applies to circumstances in which the ownership of land is in question. It also applies to a monetary claim that shelters under the claim for land. Accordingly, a claim for a resulting trust in property is subject to the RPLA and a claim for damages, if that property is sold, is also subject to the RPLA.

 

Jonathan Speigel

 

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

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