What is the test for discovering a claim under the Limitations Act?
Ontario, Canada
The following excerpt is from Cargojet Airways v Aveiro et. al., 2016 ONSC 2356 (CanLII):
To discover a claim, the precise nature and extent of the damages need not be ascertained. The plaintiff need only have facts of some actionable damage. Further, the start of a limitation period is not delayed by the defendant’s assurances that he would come to finish the work. Section 5(1)(a)(iv) of the Limitations Act requires that the plaintiff know that a proceeding would be an appropriate means, not the only means to remedy the damage: Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549, at para. 18.
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