What is the discoverability principle when it comes to determining when a cause of action arose?
Ontario, Canada
The following excerpt is from Prkacin v. Winter, 2005 CanLII 14011 (ON SC):
In order to determine when the cause of action arose, the court must determine when the plaintiffs first became aware of the material facts upon which they base their action. The discoverability principle does not, however, require that the plaintiff be aware of the type of action (Gearing v. Dunne, [2003] O.J. No. 4290 at para. 27 (S.C.J.)).
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