What is the discoverability rule in the context of a limitation period claim?
Ontario, Canada
The following excerpt is from Parlette v. Sokkia Inc., 2004 CanLII 36054 (ON SC):
The discoverability rule applies to all cases in which a limitation period applies. It provides that a cause of action arises for the purposes of a limitation period when the material facts on which it is based have been discovered or ought to have been discovered by the plaintiff by the exercise of reasonable diligence (Aguonie v. Galion Solid Waste Materials Inc. [supra]).
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