What is the discoverability test for an incest victim?
Ontario, Canada
The following excerpt is from W.R. v. The Anglican Church of Canada, 2010 ONSC 6417 (CanLII):
In my view the only sensible application of the discoverability rule in a case such as this is one that establishes a prerequisite that the plaintiff have a substantial awareness of the harm and its likely cause before the limitations period begins to toll. It is at the moment when the incest victim discovers the connection between the harm she has suffered and her childhood history that her cause of action crystallizes. In my view the approach taken by the court in Evans v. Eckelman cuts to the heart of the matter: when does the plaintiff become aware of the wrongful nature of the defendant's acts?
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