This approach, using rules of discovery to ascertain when the clock starts to run is a more recent approach to limitation periods. It is a result of a trend that balances the interests of both plaintiffs and defendants so that now a “more contextual view of the parties’ actual circumstances” is required: Yugraneft, para. 59; Novak v. Bond 1999 CanLII 685 (SCC), [1999] 1 S.C.R. 808, para 65.
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