Can an estate or estate trustee be sued for unjust enrichment, constructive trust and alternative remedies?
Ontario, Canada
The following excerpt is from Rolston v Rolston, 2016 ONSC 2937 (CanLII):
Whether or not our Court of Appeal intended its ruling in McConnell v. Huxtable to apply in the context of claims against an estate or estate trustee for unjust enrichment, constructive trust and alternative remedies is an interesting question, particularly when such an outcome might significantly prolong the “fiscal vulnerability of an estate” which the shorter two year limitation period in s.38(3) of the Trustee Act was designed to limit.
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