What is the test for discoverability of a claim for limitation purposes?
Ontario, Canada
The following excerpt is from Fennell v Deol et al, 2015 ONSC 4835 (CanLII):
In Everding v. Skrijel, at para. 11, Feldman J.A. explained: These provisions of the Insurance Act were enacted as part of a scheme that provides compensation with no-fault benefits for injuries that are not considered to be serious or permanent, but allows actions to proceed where the injuries are sufficiently significant that a substantial monetary award is likely to be recovered. Consequently, the test for the discoverability of the existence of such a claim for limitation purposes must be in accordance with this same policy.
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