What is the test on a summary judgment motion based on when a plaintiff's claim was discovered?
Ontario, Canada
The following excerpt is from Filbey v. Ashe, 2018 ONSC 4615 (CanLII):
The test on a summary judgment motion based on when a plaintiff’s claim was discovered, for limitation purposes, is whether there is a genuine issue respecting discoverability that requires a trial. If the evidence on the discoverability issue is “less than clear”, the judge should refuse summary judgment: Lindhe v. Chalte, 2015 ONSC 2821 (CanLII), at para. 26.
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