Can a limitation period issue be determined regardless of the discoverability test?
Ontario, Canada
The following excerpt is from F. v Greater Sudbury (Police Service), 2015 ONSC 3983 (CanLII):
The court may decide a limitation period issue under Rule 21.01 regardless of a discoverability test if the determination does not depend on disputed facts: Charlton v. Beamish (2004), 2004 CanLII 35934 (ON SC), 73 O.R. (3d) 119, (S.C.J.) at paras. 18 and 48.
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