ARE THE PROPOSED TRUST CLAIMS STATUTE BARRED?
[41] The appellants argue that the proposed trust claims are statute barred and therefore not tenable at law. Their argument runs as follows. Section 4 of the Act provides that “an action to recover any land” must be brought within ten years after the right to bring the action first accrued. The words “action to recover any land” in s. 4 are not limited to claims for possession of land; they encompass claims for a declaration of title in respect of land. They also encompass claims to the ownership of land advanced by way of a resulting or constructive trust. Since Jack’s estate is attempting to “recover” title to the condominium by means of resulting and constructive trust claims, the ten-year limitation period in s. 4 applies to the claim. The limitation period started to run either in 1984, when the condominium was purchased, or in 1985, when Frances died. As both events occurred more than ten years ago, the proposed trust claims are statute barred. [42] The appellants acknowledge th
