Limitation applicable to constructive trust and unjust enrichment claims
Limitation applicable to constructive trust and unjust enrichment claims Introduction The decision in Ingram v. Kulynych Estate (“Ingram”), by the Ontario Court of Appeal (the “ONCA”) addressed whether the ten-year limitation period under Section 4 of the Real Property Limitations Act R.S.O. 1990, c. L.15 (“RPLA”) applies to the respondent, Kathleen Ingram’s, constructive trust and
Read MoreDate of Death: Determining commencement of the limitation period
In our last article with Law360 Canada, Palak Mahajan and I wrote about the relevance of the recent decision of Ingram v. Kulynych Estate, 2024 ONCA 678, with respect to limitation periods. Limitation periods continue to be an overarching factor that plays one of the most important roles of every file/case that comes through the
Read MoreAlberta Court Orders Sale of Lands After 29-Year Estate Dispute
Written by: Madison Neville In a decision rendered nearly 30 years after the death of a woman in 1995, the Court of King’s Bench of Alberta has ordered the sale of her remaining estate lands, bringing closure to the 42 beneficiaries involved. Following the expropriation of most of the woman’s property in 2015, only two lots of
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What 2024 Taught Us About Trust and Estates Litigation in Canada
What 2024 Taught Us About Trust and Estates Litigation in Canada Authored by: Kim Gale and Jessica Campolucci As litigation in estates and trusts law continues to evolve, 2024 marked a significant year for Canadian courts. Several appellate decisions pushed the boundaries of existing doctrines while reinforcing core principles that define estate planning, administration and
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