Limitation Periods for Claims by Common-Law Partners in Ontario

Introduction

When it comes to legal claims for unjust enrichment made by common-law partners in Ontario, the applicable limitation periods can be somewhat complex and variable. The specific nature of the remedy sought determines the limitation period that applies, and there isn't a single, all-encompassing period that covers all unjust enrichment claims.

Real Property Limitations Act

For claims that involve a request for the court to grant an interest in land through a resulting trust or a constructive trust, the Real Property Limitations Act (R.S.O. 1990, c. L.15) applies. The Act stipulates a 10-year limitation period.

Limitations Act, 2002

If a person is not making a claim with respect to an interest in land, but rather seeks monetary compensation only, the Limitations Act, 2002 (S.O. 2002, c. 24) comes into play. This could be a monetary payment where a joint family venture exists, quantum meruit (payment for services), or quantum valebat (payment of as much as the item is worth). It also applies where the remedy sought is a constructive trust in an asset other than land, such as shares of a company, an RRSP, or a pension. In these cases, the limitation period is 2 years in accordance with s. 4 of the Act.

Unjust Enrichment and Limitation Periods

In the realm of unjust enrichment claims by common-law partners, it's crucial to understand the difference in limitation periods depending on the nature of the remedy sought. Whether you're looking to establish a constructive trust for an interest in land or seeking monetary compensation for a joint family venture, understanding the applicable limitation period is vital.

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