What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued?
Ontario, Canada
The following excerpt is from Malamas v. Edmonton Park Construction Ltd., 2002 CanLII 45119 (ON CA):
[1] In our view, the motions judge was correct in dismissing the appellant’s action as prescribed on the basis that the cause of action had accrued more than six years before the Statement of Claim was issued on November 27, 2000. The motions judge relied on the principle set out in Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549 where the court stated that, “the exact extent of the loss of the plaintiff need not be known for the cause of action to accrue. Once the plaintiff knows that some damage has occurred and has identified the tortfeasor [citations omitted] the cause of action has accrued.”
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