Does a date set in November 1991 have to be determined by a judge made discoverability?
Manitoba, Canada
The following excerpt is from T.L.B. et al. v. R.E.C., 2000 MBCA 83 (CanLII):
78 As I have observed above, in fixing the November 1991 date, the motions judge appears to have applied the judge-made discoverability rule and postponed the accrual of the plaintiffs’ causes of action to the time of “the letter and discussions between the plaintiffs and their mother” (at para. 10). With unexplained inconsistency, however, he concluded that Rarie v. Maxwell prevented him from further postponing their causes of action to the time they commenced counselling and therapy and made the causal connection between the injuries they suffered and the defendant’s abusive conduct.
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