Prior to the Act incorporating s. 8(2) the common law principle of discoverability was well settled. The discoverability principle, as set out by LeDain, J. in Central & Eastern Trust v. Rafuse, 1986 CanLII 29 (SCC), 1986 CarswellNS 40 (SCC), was referenced in Barry v. Halifax Regional Municipality, 2017 NSSC 180. A cause of action arises for purposes of a limitation period when the material facts on which it is based have been discovered or ought to have been discovered by the plaintiff by the exercise of reasonable diligence.
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