What is the limitation period for a plaintiff to discover the underlying material facts of a claim?

Ontario, Canada


The following excerpt is from Soteropoulos v. Charles, 2011 ONSC 6553 (CanLII):

In Nicolas v. Tétrault, [2008] O.J. No. 4258, Perell J. noted at paragraph 26 that: Thus, a limitation period commences when the plaintiff discovers the underlying material facts or, alternatively, when the plaintiff ought to have discovered those facts by the exercise of reasonable diligence. Perell J. went on to state at paragraph 27: The circumstance that a potential claimant may not appreciate the legal significance of the facts does not postpone the commencement of the limitation period if he or she knows or ought to know the existence of the material facts, which is to say the constitute elements of his or her cause of action. Error or ignorance of law or legal consequences of the facts does not postpone the running of the limitation period.

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