How does the nature of a tortfeasor affect a cause of action?

Ontario, Canada


The following excerpt is from Hare v. Hare, 2006 CanLII 41650 (ON CA):

I next observe that the "nature" of the injury, loss or damage is important in assessing whether the claimant should know a proceeding is appropriate. The "nature" of an injury, loss or damage requires consideration of matters beyond the mere fact that such exists. "Nature" is a general word. It would seem to include the character as well as the extent of the injury, loss or damage. Before the concept of discoverability was judicially developed, the nature and extent of damages were not relevant to the determination of whether a cause of action accrued. As Major J. noted in Peixeiro v. Haberman, 1997 CanLII 325 (SCC), [1997] 3 S.C.R. 549, [1997] S.C.J. No. 31, at para. 18: It was conceded that at common law ignorance of or mistake as to the extent of damages does not delay time under a limitation period. The authorities are clear that the exact extent of the loss of the plaintiff need not be known for the cause of action to accrue. Once the plaintiff knows that some damage has occurred and has identified the tortfeasor . . . , the cause of action has accrued. Neither the extent of damage nor the type of damage need be known. (Citations omitted)

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