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The Limitations Act, 2002 came into effect on January 1, 2004. Print our Table of Limitation Periods and Transition Rules flow chart for your quick reference.


Family Law Act*

Equalization net family property

7 (3)

2 years, 6 years, 6 mos

* See McConnell v. Huxtable, 2014 CarswellOnt 1152, 2014 ONCA 86, [2014] O.J. No. 477 (C.A.) in which the Ontario Court of Appeal clarifies the relationship between the Limitations Act, 2002 and the Real Property Limitations Act in the context of unjust enrichment claims between common law spouses.  The Court of Appeal had to decide: (a) whether the two year limitation period in the Limitations Act, 2002 applied, thus rendering the action statute barred; (b) whether the ten year limitation period under s. 4 of the Real Property Limitations Act applied, thus rendering the action ‘safe’ as having been commenced on time; or (c) whether neither Act applied, leaving a ‘legislative gap’ such that there is no statutory limitation period.  Rosenberg J.A. agreed with the motions judge that clearly the claim was an ‘action’ to ‘obtain’ a right to the property, and that the language of s. 4 of the Real Property Limitations Act is broad enough to encompass an equitable claim for property based on the remedy of constructive trust.