Does the discoveryability principle apply to determine whether an action is statute barred because the statement of claim was not issued until August 18, 2011?
Ontario, Canada
The following excerpt is from Shannon v. Hrabovsky, 2018 ONSC 6593 (CanLII):
While the analysis in Birtzu v. McCron is more difficult to discern, in paragraph 48, the trial judge expressly applied the “discoverability principle” in reaching his decision that the action was statute barred: On the basis of evidence which I will now review, I have come to the conclusion that on the application of s. 5(1)(b) the limitation period expired at latest two years after July 22, 2009, and thus the action is statute barred, since the statement of claim was not issued until August 18, 2011.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
Does a motion to amend a statement of claim to assert a new ground of relief arising out of the same facts in a dental malpractice action constitute pleading a new cause of action? (Ontario, Canada)
What factors will the court consider in determining whether to consolidate two separate actions at the same time? (Ontario, Canada)
What is the test for determining whether a genuine issue exists under the Child Protection Act? (Ontario, Canada)
What is the test for determining whether a defendant has an interest in extending the limitation period of a claim? (Ontario, Canada)
Does the fact that a tenant never raised the issue of their possessory claim until 1991 affect the validity of the claim? (Ontario, Canada)
In what circumstances have courts considered the importance of due diligence in determining whether a company’s claim is reasonable? (Ontario, Canada)
Is a pleading in paragraph 52 of the Statement of Claim inadequate to disclose a reasonable cause of action? (Ontario, Canada)
What is the discoverability principle when it comes to determining when a cause of action arose? (Ontario, Canada)
