In what circumstances will the discoverability principle apply when a plaintiff is injured in a motor vehicle accident?

In Bourne v. Saunby, above Mr. Justice Laskin, after emphasizing the burden is on the moving party to demonstrate there is no genuine issue requiring a trial and that the seriousness of the injuries was not the only fact to which the discoverability principle applied, noted the defendant failed to show the required information was available to the plaintiff at the material times. On their record the defendant did not show that with reasonable diligence, the plaintiff would necessarily have been aware of, or discovered the requisite documents. In the instant case, having regard to the statutory process imposed on the treasurer for opening tenders, the circumstance is different.