What is the test for a cause of action against a tortfeasor?
Ontario, Canada
The following excerpt is from Leblanc v. Hunt et al., 2011 ONSC 1333 (CanLII):
Hunt relies on Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549, at paragraph 18, where Major J. held: Once the plaintiff knows that some damage has occurred and has identified the tortfeasor, the cause of action has accrued. Neither the extent of the damage nor the type of damage need be known. To hold otherwise would inject too much uncertainty into cases where the full scope of the damages may not be ascertained for an extended time beyond the general limitation period. [Citations omitted.]
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