What is the discoverability rule?
Ontario, Canada
The following excerpt is from Jack v. Canada (Attorney General), 2004 CanLII 6217 (ON SC):
Counsel have referred to legal authorities regarding the discoverability rule. Discoverability is a general rule applied to avoid the injustice of precluding an action before the person is able to raise it or to sue. Peixeiro v. Haberman 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549 (S.C.C.) at paras. 36 and 44.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the financial situation of the parties be taken into account in determining the amount of costs awarded under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of a costs award under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
In what circumstances will a judge order an order under Rule 31.03(2) of the Rules 31.10(1) and Rule 30.10? (Ontario, Canada)
How has Rule 6 of the Rules of Civil Procedure been interpreted? (Ontario, Canada)
In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents? (Ontario, Canada)
What is the test for making an Order under Rule 33 of the Rules of Civil Procedure? (Ontario, Canada)
What steps have been taken in a civil action under Rule 1(8) of the Rules of Civil Procedure? (Ontario, Canada)
How does rule 16 of the Rules of Civil Procedure apply to summary judgment? (Ontario, Canada)
Can the court use the application procedure under rule 14.05(h) of the Rules of Civil Procedure to determine whether there will be any material facts in dispute? (Ontario, Canada)
Is Rule 2 (2) of the Rules of Civil Procedure sufficient to add a fourth fundamental purpose for costs? (Ontario, Canada)
