Is due diligence a separate consideration in determining whether a limitation period has expired?
Ontario, Canada
The following excerpt is from Chang v. Forest Ridge Landscaping Inc., 2022 ONSC 668 (CanLII):
As van Rensburg J.A. explained in Fennell v. Deol, 2016 ONCA 249 at para. 24: Due diligence is part of the evaluation of s. 5(1)(b). In deciding when a person in the plaintiff’s circumstances and with his abilities ought reasonably to have discovered the elements of the claim, it is relevant to consider what reasonable steps the plaintiff ought to have taken. Again, whether a party acts with due diligence is a relevant consideration, but it is not a separate basis for determining whether a limitation period has expired.
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