By Suzana Popovic-Montag ( October 8, 2024, 11:45 AM EDT) -- The Ontario Court of Appeal’s recent decision in Ingram v. Kulynych Estate, 2024 ONCA 678, settles a debate that has been brewing for several years in Ontario as to which limitation period applies to estate litigation involving real property. It is now clear that equitable trust claims against an estate are subject to the Trustee Act, R.S.O. 1990, c. T.23, and the two-year limitation period in ss. 38(3), unless specifically exempted. In reaching this conclusion, the Ontario Court of Appeal also affirmed that trust claims against estates are not subject to the 10-year limitation period in s. 4 of the Real Property Limitations Act, R.S.O. 1990, c. L.15 (the RPLA)....