What is the limitation period for a claim for the imposition of a remedial constructive trust?

While in most cases the applicable limitation period can be readily ascertained from the pleaded facts giving rise to a cause of action without regard to the remedy claimed, a claim for the imposition of a remedial constructive trust is different. The parties’ relationship may permit or require the imposition of a remedial constructive trust over property with retroactive effect: see Rawluk v. Rawluk, 1990 CanLII 152 (SCC), [1990] 1 S.C.R. 70. Only when the remedy is granted can it be said with confidence that the relationship between the parties carried the “trust-like” obligation to return the property subject to the imposition of the trust.