What is the limitation period for a person who is unable to understand the facts of a claim?
Ontario, Canada
The following excerpt is from Amir-Afzal Watto v ICC, 2017 ONSC 6440 (CanLII):
As held by Justice Perell in Nicholas v. Tétrault, 2008 CanLII 54974: “The circumstance that a potential claimant may not appreciate the legal significance of the facts does not postpone the commencement of the limitation period if he or she knows or ought to know the existence of the material facts, which is to say the constitute elements of his or her cause of action…error or ignorance of the law or legal consequences of the facts does not postpone the running of the limitation period.”
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