Can discoverability be a factor in granting summary judgment?
Yukon, Canada
The following excerpt is from Estate of Malik et al. v. Estate of Sidat and Malik et al. v. Security National Insurance Company, 2009 YKSC 43 (CanLII):
That is not the end of the matte, though, because even assuming discoverability might be a factor under the statute, it is clear from the decision of this Court in Malcolm v. Kushniruk, 2005 YKSC 51, that the onus in a summary judgment application will be on the plaintiff to demonstrate that there is some case to be put forward on the issue of discoverability.
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