“In McConnell v. Huxtable, 2014 ONCA 86, the Ontario Court of Appeal held that in family law cases, the two-year limitation period set out in the Ontario Limitations Act, 2002, typically commences on the date of separation. Justice Rosenberg stated at para. 52:
Generally speaking, a claim of unjust enrichment requires that the defendant retain a benefit without juristic reason in circumstances where the claimant suffers a corresponding deprivation. In other words, the relevant act of the defendant is simply the act of keeping the enrichment (or the omission to pay it back) once the elements of the unjust enrichment claim have crystallized. In the family law context, this may typically occur on the date of separation, when shared assets, including real property, are divided and the possibility therefore arises of one party holding onto more than a fair share.
Justice Rosenberg further clarified the analysis at para. 54:
I would think that ordinarily the claim should be taken not to have been discovered until the parties have separated and there is no prospect of resumption of cohabitation: see Maddaugh and McCamus, The Law of Restitution, looseleaf, release no. 11 (Toronto: Canada Law Book, 2013), at 3:500.30; and Wilson v. Fotsch, [2010] B.C.J. No. 850, 2010 BCCA 226, at para. 10).”
Mirshahi v. McCarthy et al, 2025 ONSC 4473 (CanLII) at 28-29