Does the common law rule of discoverability apply?
British Columbia, Canada
The following excerpt is from Kirkpatrick et al. v. The Public Trustee, Estate of William Parkinson, deceased et al., 2004 BCSC 119 (CanLII):
The common law rule of discoverability is an interpretative tool. The rule does not apply when there is clear legislative intent to the contrary: see Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549. When there is such intent the limitation period is considered absolute.
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