Can discovery occur earlier than actual discovery?
Ontario, Canada
The following excerpt is from PAPASTAMOS v JORDAN, 2013 CanLII 54060 (ON SCSM):
25. Under s. 5(1)(b), discovery can occur earlier than actual discovery if “the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a)” is earlier than that date. In other words, discovery has both a subjective and an objective component: see Northdurft v. Canroof Corp. Inc. (2013), 305 O.A.C. 27 (Div. Ct.), at para. 22.
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