Acquaint Yourself With “New” Limitation Period

In the recent decision of Connell v. Huxtable, 2014 ONCA 86 (CanLII) the Ontario Court of Appeal considered and clarified the applicable limitation periods for various types of unjust enrichment claims that are frequently advanced in family law litigation.

The Ontario Court of Appeal was asked to set aside the decision of the Motions Judge who ruled that that the limitation period for an unjust enrichment claim related to real property was ten years (in accordance with the Real Property Limitations Act) rather than the two year limitation period (in accordance with…