Does the limitation period apply to a notional opinion?
British Columbia, Canada
The following excerpt is from Blok v. Mathew, 2012 BCSC 754 (CanLII):
Furthermore, as Tysoe J. (as he then was) held in Ounjian v. St. Paul’s Hospital, 2002 BCSC 104 at para. 28: The abstraction of notional advice by notional advisors means that the actual advice or the absence of advice is not relevant. As pointed out by McEachern C.J.B.C. in Vance v. Peglar at p. 261, appropriate advice is deemed to be competent advice, which may be different from actual advice or no advice. He also pointed out that the limitation period is not postponed until the plaintiff obtains a favourable opinion.
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