What is the test for determining whether a claim can be discovered in a motor vehicle accident?
Ontario, Canada
The following excerpt is from Sampson v Empire (Binbrook Esates), 2016 ONSC 5730 (CanLII):
The first factor relating to the discovery of a claim commences on the day on which the person with the claim first knew that the “injury, loss or damage had occurred”. Once a plaintiff knows that some damage has occurred then the claim has been discovered and it is not required that the plaintiff know the extent of the damage or the exact type of damage: Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549 at para. 18.
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