Limitation Period For Equitable Trust Claims Against Estates

Introduction

In the recent case of Ingram v. Kulynych Estate, 2024 ONCA 678, the Ontario Court of Appeal clarified the timeline for bringing equitable trust claims against estates. The court determined that such claims fall under the two-year limitation period specified in Section 38(3) of the Trustee Act, rather than the ten-year period outlined in section 4 of the Real Property Limitations Act (RPLA). This decision also reinforced the framework for assessing which statutory limitation applies.

Case Background

Following the death of Mr. Kulynych in 2017, he left nothing in his will for his long-time common-law partner, Ms. Ingram. Four years later, Ms. Ingram filed a claim against the estate, asserting that her financial and emotional support entitled her to an equitable trust share of the estate, claiming Mr. Kulynych had unjustly enriched himself by renting out his property while residing with her.