When is a plaintiff's knowledge of the equitable causes of action?
Manitoba, Canada
The following excerpt is from T.L.B. et al. v. R.E.C., 2000 MBCA 83 (CanLII):
89 But with respect to the plaintiffs’ claims for equitable relief, the essential question is when they first had that knowledge. Like the question as to when they discovered their equitable causes of action, it is a complex factual issue, one that would be better determined on viva voce testimony at trial or at the trial of an issue. V. The Prospective Application of Rarie v. Maxwell
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