What is the test for discoverability purposes?
Ontario, Canada
The following excerpt is from Debiasio v. York Central Hospital, 2012 ONSC 3181 (CanLII):
It is therefore quite clear than an element of the cause of action for discoverability purposes is knowledge that someone erred. Justice Lauwers noted in Zurba v. Lakeridge, 2010 para. 36..... In some cases, this knowledge will be obvious, for example, where it is the right knee and not the left knee on which surgery was to occur. In other cases, however, the situation is much more nuanced and will require medical opinion.
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