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Does s. 12 of British Columbia's Limitation Act apply to remedial constructive trust claims? With recent BC Supreme Court decisions reaching opposite conclusions, the answer remains uncertain.

In Kirkwood Estate v. Whitefield, 2026 BCSC 1265, the BC Supreme Court considered the legal effect of mortgage gift letters in disputes between family members. The Court held that while a gift letter may be binding as against mortgage lenders and other creditors, it is not necessarily determinative of a donor's true intention for the purpose of rebutting the presumption of resulting trust. The decision provides important guidance for families contributing to home purchases and underscores the importance of carefully documenting intentions when advancing funds.