What is the test for discovery of a claim for limitation purposes?

Manitoba, Canada


The following excerpt is from Gray-McKay et al. v. Whiteway et al., 2020 MBQB 62 (CanLII):

It is well-established that for discovery of a claim to occur for limitation purposes, the precise nature and extent of the damages need not be ascertained or certain. All that is need is for the fact of some actionable damage to be known with reasonable certainty. See Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549 at para. 18: “Neither the extent of damage nor the type of damage need be known. To hold otherwise would inject too much uncertainty into cases where the full scope of the damages may not be ascertained for an extended time beyond the general limitation period.”

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