“Section 4 of the RPLA [Real Property Limitations Act] imposes a ten-year limitation period on actions to recover land, which, as applicable to this case, provides as follows:
No person shall … bring an action to recover any land … but within ten years next after the time at which the right to … bring such action, first accrued to … the person making or bringing it …
In Waterstone Properties Corporation v. Caledon (Town), at para. 32, the Court of Appeal explained, relying on its findings in McConnell v. Huxtable, that an action to obtain an ownership interest in land is an action to “recover any land” for the purposes of s. 4 of the RPLA, including through a resulting trust, stating as follows:
The words “action to recover any land” in s. 4 of the RPLA are not limited to claims for possession of land or to regain something a plaintiff has lost. Rather, “to recover any land” means simply “to obtain any land by judgment of the Court” and thus these words also encompass claims for a declaration in respect of land and claims to the ownership of land advanced by way of resulting or constructive trust: 2017 ONCA 623, [2017] O.J. No. 4087, at para. 32, relying on McConnell v. Huxtable, 2014 ONCA 86, 118 O.R. (3d) 561, at paras. 38-39; and Hartman Estate v. Hartfam Holdings Ltd. (2006), 2006 CanLII 266 (ON CA), 263 D.L.R. (4th) 640 (Ont. C.A.), at para. 56.
The RPLA is thereby applicable to the claim advanced by the Applicants for the recovery of land, whether seeking the finding of an inter vivos trust or a resulting trust. The Limitations Act is inapplicable because s. 2(1)(a) of the Limitations Act provides that the Limitations Act does not apply to proceedings governed by the RPLA.”