What is the test for discoverability in sexual assault cases?
Alberta, Canada
The following excerpt is from M.P. v. Criminal Injuries Review Board, 2013 ABCA 352 (CanLII):
It follows that the issue of discoverability, mindful of s. 12(2)(a) of the Act, is engaged. The doctrine of reasonable discovery for victims of sexual assault means that the victim has a “substantial awareness of the harm and its likely cause before the limitations period begins to toll.” See M.(K.) v. M.(H), 1992 CanLII 31 (SCC), [1992] 3 S.C.R. 6 at para. 30, and Evans v. Sproule, [2008] O.J. No. 4518 at para. 105.
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