What is the test for establishing a limitation period for a claim against a defendant?
Alberta, Canada
The following excerpt is from Cunningham v. Irvine-Adams, 1999 ABQB 517 (CanLII):
[10] He also commented that “In balancing the defendant’s legitimate interest in respecting limitation periods and the interest of the plaintiffs, the fundamental unfairness of requiring a plaintiff to bring a cause of action before he could reasonably have discovered that he had a cause of action is a compelling consideration”. Peixeiro v. Haberman, supra at 441.
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