Can a plaintiff rely on ignorance to toll the limitation period?
Ontario, Canada
The following excerpt is from Bolton Oak Inc. et al, v. McColl-Frontenac Inc. et al, 2011 ONSC 6567 (CanLII):
Where discovering the identity of possible defendants is concerned, a plaintiff cannot rely on ignorance to toll the limitation period. Generally, a plaintiff must show some positive effort to obtain information or show that such information was not forthcoming from already-existing parties to the litigation, Parent v. Janandee Management Inc., [2009] O.J. No. 3763 (S.C.J.), para. 24.
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