What is discoverability for the purposes of determining damages?
Ontario, Canada
The following excerpt is from Rabb Construction Ltd. v. MacEwen Petroleum Inc., 2018 ONCA 170 (CanLII):
For the purpose of assessing the issue of discoverability, it is the claim that is discoverable and not the full extent of the damages that the appellant may be able to recover as a result of pursuing that claim; the exact extent of the loss need not be known: Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549, at p. 557.
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