Does the discoverability principle apply in professional negligence cases?
Newfoundland and Labrador, Canada
The following excerpt is from Bridge Shipping and Transport Co. Ltd. v. Avis, 2018 NLSC 11 (CanLII):
Raymond v. Ballard, 2016 NLTD(G) 76, was also a professional negligence case – there with respect to the duty of care owed by a dentist to his patient. The discoverability principle discussed there is the same as in this case where we have a claim against a law firm. The analysis requires a determination of when the material facts on which the action is based were discovered or ought to have been discovered.
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