What is the test for establishing a cause of action in a personal injury case?

Ontario, Canada


The following excerpt is from Johnson v. Studley, 2014 ONSC 1732 (CanLII):

In Beaton v. Scotia iTrade,[15] Justice Belobaba stated at paragraph 13: The claimant only has to know enough material facts on which to base a legal allegation. Once the plaintiff knows that some damage has occurred and has identified the alleged wrongdoer, “the cause of action has accrued”. Neither the extent nor the type of damage need be known. The claimant also need not know the details of the wrongdoer’s conduct or how the wrongdoer caused the loss. The question of “how it happened” will be revealed through the legal proceeding.

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