Simon's Megalomaniacal Legal Resources

Limitations - RPLA - When right accrues on dispossession [s.5]

. Gomes v. Da Silva

In Gomes v. Da Silva (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal, here from an order which dismissed a "claim for a resulting trust and grant[ed] the respondents’ claim for partition and sale".

Here the court comments on RPLA limitations law [s.5(2) 'When right accrues on ... death'], as it bears on commencing a claim for resulting trust:

[13] Nor is there any error in the trial judge’s conclusion that s. 5(2) of the RPLA does not apply to postpone the start of the limitation period to the date of the death of the parties’ mother, as the appellant was advancing a claim against a deceased person and her interest in the property not on behalf of or through a deceased person.[1] Bradshaw v. Hougassian, 2023 ONSC 3266, cited by the appellant to support his argument that the RPLA limitation period should only begin to accrue after the death of his mother, does not assist on this point. In that case, the estate trustees claimed a resulting trust on behalf of the estate of the deceased person, rather than against it. See also Archer v. Neita, 2024 ONSC 2883, at para. 56.