What is the test for discoverability under the discoverability principle?
Ontario, Canada
The following excerpt is from C.H. Clement v Seguin Racine, 2013 ONSC 7237 (CanLII):
Notwithstanding the result in Kowal v. Shyiak in similar but not identical circumstances to the present case, I am persuaded by the plaintiff that the interests of justice require a trial. The fact-finding exercise associated with the application of the discoverability principle is highly contextual. It requires a determination of when the plaintiff had “sufficient material facts” to establish “prima facie grounds” to infer that the acts or omissions complained of were caused by the party or parties identified.
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