What is the limitation period for a plaintiff to claim damages under s. 44(7) of the Municipal Act, 2001?
Ontario, Canada
The following excerpt is from Mark v. Guelph (City), 2010 ONSC 6034 (CanLII):
The defendants submit that since the accident occurred on February 5, 2003, the limitation period prescribed by s. 44(7) of the Municipal Act, 2001 would ordinarily expire on May 5, 2003. The running of the limitation period is subject only to the discoverability principle. Under that principle, the commencement of the limitation period will be delayed until the plaintiff, acting with due diligence, has discovered that he or she has a cause of action. What the plaintiff must be aware of is the identity of the tortfeasor and that some damage has occurred: see Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549, [1997] S.C.J. No. 31, at para. 18.
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