Anisman v. Drabinsky: Claim To Set Aside Fraudulent Conveyance Of Land Subject To Real Property Limitations Act 10-Year Limitation Period

On February 25, 2020, the Ontario Superior Court of Justice (the "OSCJ") released its decision in Anisman v. Drabinsky,1 holding, among other things, that the limitation period for attacking a transfer of real property as fraudulent under the Ontario Fraudulent Conveyances Act2 (the "FCA") is the applicable ten-year limitation period under the Ontario Real Property Limitations Act3 (the "RPLA"), rather than the two-year basic limitation period under the Ontario Limitations Act, 20024 (the "Limitations Act").

The Limitations Act explicitly excludes from its application proceedings to which the RPLA applies.5 Section 4 of the RPLA states:

4. No person shall make an entry or distress, or bring an action to recover any land or rent, but within ten years next after the time at which the right to make such entry or distress, or to bring such action, first accrued to some person through whom the person making or bringing it claims, or if the right did not accrue to any person through whom that person claims, then within ten years next after the time at which the right to make such entry or distress, or to bring such action, first accrued to the person making or bringing it.

In Anisman v. Drabinsky, Justice Morgan followed the OSCJ's earlier decision in...