What is the discoverability principle that postpones the running of a statutory limitation period?
Ontario, Canada
The following excerpt is from Lindhorst v. Cornwall, 2010 ONSC 3882 (CanLII):
The discoverability principle postpones the running of a statutory limitation period. The rationale for the principle is that it would be unjust to permit limitation periods to begin to run before plaintiffs knew or by reasonable diligence could have known they could bring an action. Bourne v. Saunby (1996), 16 O.T.C. 183. 6.
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