Is there a discoverability provision or plain meaning of the words " discoverability" in the limitation period?

Prince Edward Island, Canada


The following excerpt is from PEI Music and Ors. v. PEI Gov’t and HRC, 2010 PESC 40 (CanLII):

In the present case, Government says the plain meaning of the words must be enforced and there is no discoverability provision. In my view, the opposite applies: post-Central Trust v. Rafuse, a discoverability provision is implicit in every limitation period, and any legislature which intends otherwise must so specify when setting the limitation period.

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