What is the onus of a plaintiff to prove to the court that their injury was not discoverable within the applicable limitation period?
Ontario, Canada
The following excerpt is from Brown-Vidal v Doe, 2015 ONSC 3362 (CanLII):
The plaintiff, herself, has filed case law which makes it clear that she bears the onus is proving this point. In Huang v. Mai, [2014] OJ No. 889, Perell J. stated that: Given the statutory presumption that a limitation period begins to run from the date of the accident, the onus is on the plaintiff to persuade the court that the seriousness of his or her injury was not discoverable within the applicable limitation period and the plaintiff must also persuade the court that he or she acted with due diligence to discover if there was a cause of action.
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