In a motor vehicle accident in this province, when is the discoverability rule applicable in motor vehicle accidents?

Ontario, Canada


The following excerpt is from Fang v. Farkas, 2008 CanLII 6195 (ON SC):

In considering when the time period begins to run in respect of motor vehicle accidents in this province, s. 267.5 of the Act which establishes immunity of suit except in certain circumstances and also provides for a money deductible in respect of any non-pecuniary damages awarded, creates condition precedents to commencing an action which are relevant and applicable to the discoverability rule: Voisin v. Hartin, [2000] O.J. No. 5009 (S.C.J.). As Gillese J. (as she then was) stated at para. 37 of that decision: “The cause of action does not arise unless the injuries meet both statutory preconditions set out in the Insurance Act.”

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